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TMI Blog2022 (5) TMI 1456X X X X Extracts X X X X X X X X Extracts X X X X ..... g total income of Rs.3,05,60,320/- and assessment u/s.143(3) of the Income Tax Act was completed on 26.03.2016 assessing total income at Rs.5,45,09,960/- interalia treating the capital gain on sale of depreciable assets as short term capital gain in place of long term capital gain for calculating tax on the same and made disallowance of Rs.90,050/- u/s 14A r.w.Rule 8D. 3. Aggrieved by the order of the AO, the assessee filed an appeal before the Ld.CIT(A), Mumbai. The Ld.CIT(A), Mumbai vide its order dated : 14.12.2018 had disposed off the assessee's appeal by allowing ground no.1 wherein the AO was directed to tax the capital gain on the sale of property shown as a depreciable asset @ 20% instead of 30% while ground no.2 of the assessee's ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondoned without insisting upon filing any application for condonation of delay. 5. In this regard, it is hereby brought to your kind notice that the letter dt.09.10.2020 filed by the assessee along with a copy of declaration filed under Vivad Se Vishwas Tax Scheme, 2020 was pertaining to appeal filed by the assessee before the Ld.CIT(A)-8, Mumbai for A.Y. 2013-14 on 24.08.2019 vide Reference No./Acknowledgment no.875703191240819. The assessee's said appeal was in relation to rejection of rectification order passed by the A.O. u/s 154 of the I.T. Act dated 25.07.2019 wherein the contention of the assessee was that while computing the tax consequent to order giving effect dated: 12.03.2019 of the Ld.CIT(A)-8, interest charged u/s 234A & 234 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee informing us that assessee has preferred and filed application under Vivad Se Vishwas Scheme, 2020. Since the issue involved in A.Y. 2013-14 are relating to various issues raised by the assessee which was filed and the appeal was pending before the Learned Commissioner of Income Tax (Appeals)- 8, Mumbai. 4. It is brought to our notice that the issue involved in the pending appeal before the Ld.CIT(A)-8 is completely different than the issue involved in the appeal filed by the Revenue before ITAT and the application filed by the assessee under Vivad Se Vishwas Scheme are not covered in the issue raised by the revenue. Considering the overall facts on record, we deem it fit and proper to recall the order in ITA.No. 835/Mum/2019 dated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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