SHRI SHARAD KUMAR SARAF, MUMBIA V. ASSISTANT COMMISSIONER OF INCOME TAX 25(1), MUMBAI

ITA 5237/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0670 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2006-2007
• Appeal Filed On: 09-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T S KHALSA
• Keywords: Competent authority
• Section: 143(3); 147

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. 5237 / MUM/ 2019 ( / ASSESSMENT YEAR 2006 - 07 ) SHRI SHARAD KUMAR SARAF A - 25, MIDC, MAROL INDUSTRIAL AREA, ROAD NO.3, ANDHERI EAST, MUMBAI / VS. THE ASS T. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 25(1), ROOM NO.634, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI ( / APPELLANT) ( / RESPONDENT) . / PAN NO. AAIPS 1238 A / APPELLANT BY : SHRI SHARAD KUMAR SAR AF VIDE LETTER DATED 07.12.2020 / 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)] - 53 , MUMBAI [IN SHORT CIT(A)], DATED 14.06.2019 . THE ASSESSMENT WAS FRAMED BY THE ASST. COMMISSIONER OF INCOME T AX ( IN SHORT ACIT / AO) FOR THE A.Y. 2006 - 07 PAGE | 2 ITA NO. 5237 /MUM/2019 SHRI SHARAD KUMAR SARAF; AY:09 - 10 VIDE ORDER DATED 26.02.2014 UNDER SECTION 143(3) READ WITH SECTION 147 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 SCHEME 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 ASS ESSEE DATED 07 .12.2020 . IN THE LETTER, THE ASSESSEE 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 S E VISWAS SCHEME - 2020 FILED BEFORE THE COMPETENT 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 IS SUED FORM NO.3 , IT IS NOT NECESSARY FOR THE TRIBUNAL 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 M ATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. IN TERM S 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 TH E DIRECT TAX VIVAD SE VISWAS SCHEME - PAGE | 3 ITA NO. 5237 /MUM/2019 SHRI SHARAD KUMAR SARAF; AY:09 - 10 2020 DISPUTED TAX HAS BEEN DEFINED AND ALSO IN TERM S 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 ACCORDAN CE WITH THE PROVISIONS OF SECTION 4 IN RESPECT 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 AUTHORIT Y 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. 5237 /MUM/2019 SHRI SHARAD KUMAR SARAF; AY:09 - 10 / 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