HIREN V. SHAH, MUMBAI V. ACIT-25(2), MUMBAI

ITA 2228/MUM/2021

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 3582 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2011-2012
• Appeal Filed On: 30-11-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 5(2); 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “H” BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT AND SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER ITA No.2228/Mum./2021 (Assessment Year : 2011–12) Hiren V. Shah C-310, Shyam Kamal, Agarwal Market, Mumbai 400 057 PAN – AAFPS1157F .......... Appellant v/s Asstt. Commissioner of Income Tax Circle–25(2), Kautilya Bhavan, BKC, Bandra (East), Mumbai .......... Respondent Assessee by : None Revenue by : Smt. Somogyan Pal - CIT Date of Hearing – 21.04.2022 Date of Order – 27.04.2022 O R D E R PER SANDEEP SINGH KARHAIL, J.M. The present appeal has been filed by the assessee challenging the impugned order dated 06.10.2021, passed under section 250 of the Income Tax Act, 1961 ("the Act") by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, (“learned CIT(A)”) for the assessment year 2011–12. 2. The assessee, vide its letter dated 09.04.2022, submitted that it had preferred settlement under Direct Tax Vivad Se Vishwas Act, 2020 (“VSV Act”) and filed necessary Form 1. The assessee further submitted that Hiren V. Shah ITA no.2228/Mum./2021 2 pursuant thereto, Form 3 under section 5(1) of the VSV Act was also issued on 28.11.2020 determining the amount payable by the assessee. The same was duly complied by the assessee and Form 4 under section 5(2) of the VSV Act was issued on 10.02.2021 acknowledging the receipt of payment. The assessee has also filed copy of Form 5 dated 18.09.2021 issued by the Principal Commissioner of Income Tax under section 5(2) of the VSV Act towards full and final settlement of tax arrears for the assessment year under consideration. The assessee submitted that, despite the above, learned CIT(A) has passed the impugned order dated 06.10.2021. 3. When the appeal was called for hearing, no one was present on behalf of the assessee to represent the case. Considering that assessee has already settled the tax dispute under the VSV Act for the year under consideration, we proceed to dispose of the appeal ex-parte qua the assessee after hearing the learned Departmental Representative (“learned D.R.”) and on the basis of material available on record. 4. Learned D.R. also confirmed the fact that Form 5 under section 5(2) of the VSV Act has been issued in the case of assessee. 5. Though, the assessee has filed all the Forms before us in respect of settlement of tax dispute for year under consideration under VSV Act, however, it is not clear whether assessee filed any application before learned CIT(A) seeing withdrawal of its appeal in view of settlement under VSV Act. Be that as it may, as Form 5 has been issued on 18.09.2021 towards full and final settlement of tax arrears for the assessment year under Hiren V. Shah ITA no.2228/Mum./2021 3 consideration and tax dispute has been settled under VSV Act, the present appeal filed by assessee has become infructuous and is accordingly dismissed. 6. In the result, appeal by the assessee is dismissed. Order pronounced in the open court on 27.04.2022 Sd/- PRAMOD KUMAR VICE PRESIDENT Sd/- SANDEEP SINGH KARHAIL JUDICIAL MEMBER MUMBAI, DATED: 27.04.2022 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The CIT(A); (4) The CIT, Mumbai City concerned; (5) The DR, ITAT, Mumbai; (6) Guard file. True Copy By Order Assistant Registrar ITAT, Mumbai