HARSHAD B. PATEL, Mumbai CIT (A)-14, Mumbai

This appeal by Harshad B. Patel concerns a penalty of Rs. 4,61,240 sustained by the Commissioner of Income Tax (Appeals) for the assessment year 2013-14. The assessee has opted to resolve this dispute under the Vivad Se Vishwas Scheme. Similar to this case, the Madras High Court has previously held that the Vivad Se Vishwas Act, 2020, provides a mechanism for resolving disputed tax matters.

THE INCOME TAX APPELLATE TRIBUNAL
“SMC” Bench, Mumbai
Shri Shamim Yahya (AM)
I.T.A. No. 152/Mum/2019 (Assessment Year 2013-14)

Harshad B. Patel
8B, Suvas Apartment
68F Nepeanse Road
Mumbai-400 006.
PAN : AAAPP8377K
(Appellant) 

Vs.

CIT(A)-14
Mumbai
(Respondent)

Assessee by Shri Vishwas Mehendale
Department by Ms. Smita Verma
Date of Hearing 03.12.2020
Date of Pronouncement 04.12.2020

O R D E R

This appeal by the assessee is directed against the order of Learned Commissioner of Income Tax (Appeals) [in short CIT(A)] dated 16.08.2018 pertaining to A.Y. 2013-14.

2. The grounds of appeal relates to penalty of Rs. 4,61,240/- sustained by learned CIT(A).

3. At the outset, in his case learned Counsel of the assessee submitted that assessee has opted for solution of dispute under the Vivad Se Vishwas Scheme.

4. I note that in a similar situation, Hon'ble Madras High Court has in an appeal in the case of M/s. Nannusamy Mohan (HUF) Vs. ACIT vide order dated 16.10.2020 held as under :-

“3. The learned counsel for the appellant/assessee, on instructions, submitted that the appellant/assessee intends to avail the benefit of Vivad Se Vishwas Scheme (‘VVS Scheme’ for brevity) and in this regard, the assessee is taking steps to file the application/declaration in Form No. I.

4. It may not be necessary for this Court to decide the Substantial Questions of Law framed for consideration on account of certain subsequent developments. The Government of India enacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act 3 of 2020) to provide for resolution of disputed tax and for matters connected therewith or incidental thereto. The Act of the Parliament received the assent of the President on 17th March 2020 and published in the Gazette of India on 17th March 2020.

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