ITO 25(2)(2), MUMBAI vs BHAGWAN DEVI SUKHDEV RUIA, MUMBAI

The Income Tax Appellate Tribunal (Mumbai) dismissed the Revenue's appeal against Bhagwan Devi Sukhdev Ruia for the assessment year 2010-11. This decision was made because the assessee had filed a petition to avail settlement benefits under the "Vivad se Vishwas Scheme 2020". The Tribunal deemed the appeal infructuous and ordered its dismissal, with a provision for revival if the assessee fails to complete the settlement process within the stipulated time.

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT),
”B” BENCH, MUMBAI
BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER
&
SHRI M.BALAGANESH, ACCOUNTANT MEMBER
ITA No. 3111/Mum/2017
(Assessment Year :2010-11)

ITO-25(2)(2)
Room No.507, C-10
Pratyakshakar Bhawan, BKC,
Mumbai-400 051
(Appellant) . . 

Vs.

Bhagwan Devi Sukhdev Ruia
101, Landmark JVPD
Scheme No.5
Vi le Parle (W)
Mumbai-400 056
PAN/GIR No.AADPR7796P
(Respondent)

Assessee by Shri Mihir Tanna, AR
Revenue by Smt. Kavita P. Kaushik, Sr.DR
Date of Hearing 14/10/2020
Date of Pronouncement 14/10/2020

O R D E R

PER S.S.GODARA (J.M):

This Revenue’s appeal for A.Y.2010-11 arises from Mumbai’s order of Commissioner of Income Tax (Appeals)-37, in case No.CIT(A)-37/IT-206/ITO 25(2)(2)/2015-16 dated 27/02/2017, in proceedings u/s.143(3) r.w.s. 147 of the Income Tax Act, 1961 [hereinafter referred to as Act].

2. Heard both the parties. Learned authorised representative states very fairly at the outset that this assessee has filed a petition for availing settlement benefit under the “Vivad se Vishwas Scheme 2020”. His case therefore is that the instant appeal we kept in abeyance. We are of the opinion in this factual backdrop that the instant Revenue’s appeal deserves to be dismissed as infructuous once the assessee has opted for the above statedsettlement benefit. We order accordingly. We make it clear that theinstant appeal shall stand revived at the Revenue’s behest in case the assessee fails to avail the settlement benefit under the aforesaid scheme within the prescribed time period there under.

3. This Revenue’s appeal is dismissed as rendered infructuous in above terms.

Order pronounced in the open court on this 14/10 /2020

Sd/-                                                                                Sd/-
(M.BALAGANESH)                                                      (S.S.GODARA)
ACCOUNTANT MEMBER                                           JUDICIAL MEMBER

Mumbai; Dated 14/10/2020
Thirumalesh, sr.ps

Copy of the Order forwarded to :
1. The Appellant
2. The Respondent.
3. The CIT(A), Mumbai.
4. CIT
5. DR, ITAT, Mumbai
6. Guard file.
//True Copy//

BY ORDER,
(Asstt. Registrar)
ITAT, Mumbai