SHASHIKANT K. NANGALIA, MUMBAI V. ITO 18 (3)(3), MUMBAI

ITA 2028/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0671 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2014-2015
• Appeal Filed On: 05-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T S KHALSA
• Keywords: Competent authority
• Section: 143(3)

Judgement Text

G IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI , . , BEFORE S H RI MAHAVIR SINGH, VP AND S H RI M. BALAGANESH, AM ./ ITA NO. 2028 / MUM/ 2019 ( / ASSESSMENT YEAR 2014 - 15 ) SHASHIKANT K. NANGALIA 399 - A, BHARAT CHAMBER HBAVAN, 3 RD FLOOR, KALBA DEVI, MUMBAI - 400 002 / VS. THE INC OME TAX OFFICER, WARD 18(3)(3), ROOM NO. 606, 6 TH FLOOR, EARNEST HOUSE, NARIMAN POINT, MUMBAI - 400 021 ( / APPELLANT) ( / RESPONDENT) . / PAN NO. AABPN 1415 F / APPELLANT BY : SHRI SHASHIKANT NANGALIA VIDE LETTER DATED.8.12.2020 / RESPONDENT BY : SHRI T. S . KHALSA , DR / DATE OF HEARING : 18 .1 2 . 2020 / DATE OF PRONOUNCEMENT : 18.12.2020 / O R D E R , / PER MAHAVIR SINGH, VP : THIS APPEAL OF ASSESSEE IS ARISING OUT OF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)] - 29 , MUMBAI [IN SHORT CIT(A)], DATED 28.02.2019 . THE ASSESSMENT WAS FRAMED BY THE INCOME TAX OFFICER (IN SHORT ITO/ AO) FOR THE A.Y. 2014 - 15 VIDE ORDER DATED PAGE | 2 ITA NO. 2028 /MUM/ 2019 SHASHIKANT K. NANGALIA; AY : 2014 - 15 28.12.2016 UNDER SECTION 143(3) OF THE INCOME - TAX ACT, 1961 (HEREINAFTER THE ACT). 2. THE ASSESSEE HAS MOVED PETITION SEEKING WITHDRAWAL OF THE APPEAL ON THE GROUND THAT THE MATTER IS SETTLED UNDER VIVAD SE VISHWAS SCHE ME 2020. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE DOES NOT OPPOSE THE PRAYER SO MADE BY THE ASSESSEE. 4. WE HAVE HEARD THE LEARNED DEPARTMENTAL REPRESENTATIVE SHRI. T.S. KHALSA AND ALSO PERUSED THE LETTER OF THE ASSESSEE DATED 08.12.2020 . IN THE LETTER, THE AS SESSEE HAS OPTED TO SETTLE THE DISPUTE UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. 5. WE FIND THAT THE ASSESSEE HAS ENCLOSED THE COPY OF APPLICATION OF FORM NO. 3 UNDER SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 FILED BEFORE THE COMPET ENT AUTHORITY. WE NOTED THAT ONCE THE ASSESSEE HAS OPTED FOR VIVAD SE VISWAS SCHEME - 2020 AND FILED FORM - 3 UNDER THE VIVAD SE VISWAS SCHEME - 2020 WITH THE COMPETENT AUTHORITY AND THE COMPETENT AUTHORITY HAS ISSUED FORM NO.3, IT IS NOT NECESSARY FOR THE T RIBUNAL TO DECIDE THE ABOVE RAISED ISSUE AS THE GOVT. OF INDIA HAS ENACTED THE DIRECT TAX VIVAD SE VISWAS SCHEME ACT 2020 TO PROVIDE FOR RESOLUTION OF DISPUTE MECHANISM IN REGARD TO DIRECT TAX DISPUTES AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THER ETO. IN TERMS OF THE SAID ACT, THE ASSESSEE HAS BEEN GIVEN AN OPTION TO PUT AN END TO THE TAX DISPUTES WHICH MAY BE PENDING AT DIFFERENT LEVELS INCLUDING THE INCOME TAX APPELLATE TRIBUNAL. UNDER SECTION 25 OF THE DIRECT TAX VIVAD SE VISWAS SCHEME - PAGE | 3 ITA NO. 2028 /MUM/ 2019 SHASHIKANT K. NANGALIA; AY : 2014 - 15 2020 DI SPUTED TAX HAS BEEN DEFINED AND ALSO IN TERMS OF SECTION 3, A DECLARANT MEANS A PERSON WHO HAS FILED A DECLARATION ON OR BEFORE THE LAST DATE WITH DECLARATION BEFORE DESIGNATED OR COMPETENT AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 4 IN RESPEC T OF TAX ARREARS. THEN, NOTWITHSTANDING ANYTHING CONTAINED IN THE INCOME TAX ACT, 1961 OR ANY OTHER LAW FOR THE TIME BEING IN FORCE, THE AMOUNT PAYABLE BY THE DECLARANT SHALL BE DETERMINED IN TERMS OF SECTION 3 OF DIRECT TAX VIVAD SE VISWAS SCHEME ACT 2020. 6. IN VIEW OF THE FACTS THAT THE ASSESSEE HAS SUBMITTED FORM NO.3 ISSUED BY THE COMPETENT AUTHORITY UNDER DIRECT TAX VIVAD SE VISWAS SCHEME - 2020, WE DISMISS THIS APPEAL OF ASSESSEE AS WITHDRAWN. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 18.12 .2020 SD/ - SD/ - ( . / M. BALAGANESH ) ( /MAHAVIR SINGH) ( / ACCOUNTANT MEMBER) ( / VICE PRESIDENT) , / MUMBAI, DATED: 18.12 .2020 , . / SUDIP SARKAR, SR.PS PAGE | 4 ITA NO. 2028 /MUM/ 2019 SHASHIKANT K. NANGALIA; AY : 2014 - 15 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY// / (ASSTT. REGISTRAR) , / ITAT, MUMBAI