Triveni Buildcon, Mumbai DCIT CC-7(3), Mumbai

Last updated: 02 January 2021

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The Income Tax Appellate Tribunal has dismissed the appeal filed by Triveni Buildcon against an order from the Commissioner of Income Tax (Appeals). The assessee chose to settle the tax litigation by opting for the 'Vivad se Vishwas Scheme 2020'. As the assessee has filed the necessary application under the scheme, the tribunal found no purpose in keeping the appeal pending and therefore dismissed it as withdrawn.

Court :
ITAT Mumbai

Brief :
The assessee has filed an appeal against the order of Commissioner of Income Tax (Appeals) -49,Mumbai, passed u/s. 143(3) r.w.s 147 of the Income Tax Act, 1961.

Citation :
ITA No. 4206/Mum/2019

IN THE INCOME TAX APPELLATE TRIBUNAL
“E” BENCH, MUMBAI

BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER &
SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER

ITA No. 4206/Mum/2019
(Assessment Years: 2013-14)

Triveni Buildcon
Plot No. 50,63,64,65,
Silverstar, Sector – 18,
Kamothe Panvel, Raigad,
Mumbai – 410210.
PAN/GIR No. : AAFFT2360R
Appellant)

Vs.

DCIT, CC-7(3)
Aayakar Bhavan, Mumbai.
Respondent

Appellant by : Ms. Aparna, AR
Respondent by : Shri T.S. Khalsa, DR

Date of Hearing 30/12/2020
Date of Pronouncement 30/12/2020

O R D E R

PER PAVAN KUMAR GADALE - JM:

The assessee has filed an appeal against the order of Commissioner of Income Tax (Appeals) -49,Mumbai, passed u/s. 143(3) r.w.s 147 of the Income Tax Act, 1961.

2. At the time hearing, the Ld. AR of the assessee submitted that the assessee is intended to settle thetax litigation by opting for ‘Vivad se Vishwas Scheme 2020’. Contra, the Ld. DR has no objections.

3. We heard the rival contentions and perused thematerial on record. Since the assessee has opted for ‘Vivad se Vishwas Scheme 2020’ and has filed an application as envisaged by the Ld.AR. We are of theview that, no purpose will be served in keeping the appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order in accordance with the provisions of law.

To know more in details find the attachement file

FAQ :

The case involved an appeal filed by Triveni Buildcon against an order from the Commissioner of Income Tax (Appeals) -49, Mumbai, passed under sections 143(3) and 147 of the Income Tax Act, 1961.

The appeal was dismissed as withdrawn because the assessee, Triveni Buildcon, opted to settle the tax litigation through the 'Vivad se Vishwas Scheme 2020'.

It is a scheme introduced to settle tax litigation, which Triveni Buildcon chose to utilise for their case.

The assessee has been given the liberty to file an application under section 254(2) of the Act to recall the order, in accordance with the law.