DMI DREAXMAIER MANUFACTURING INDIA PRIVATE LIMITED,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 8, PUNE

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ITA 1636/PUN/2019Status: DisposedITAT Pune12 January 2021AY 2015-162 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal permitted the assessee to withdraw the appeal as per their request. The Dispute Resolution Panel's directions were not adjudicated upon.

What were the facts?

The assessee filed an appeal against the directions of the Dispute Resolution Panel. Subsequently, the assessee filed a letter seeking withdrawal of the appeal.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal, which was granted by the tribunal.

Which sections of the Income-tax Act were involved?

Section 144C(5)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, PUNE

Before: SHRI R.S. SYAL & SHRI S.S. VISHWANETHRA RAVI, JM

For Appellant: Shri Chetan Kotari
For Respondent: Shri Shivraj Morey
Hearing: 12.01.2021Pronounced: 12.01.2021

आदेश/ORDER

1.

This appeal filed by the assessee is directed against the directions of Dispute Resolution Panel – 3, Mumbai dated 27.06.2019 passed u/s 144C(5) of the Income Tax Act, 1961, in relation to the assessment year 2015-16.

2.

Before us, the assessee has filed a letter dated 25.12.2020 seeking withdrawal of the appeal. The relevant contents of such letter reads as under : “The captioned appeal, that is pending adjudication before the Hon’ble ITAT, was filed by the Appellant on 24 October 2019, against the final assessment order passed by the Assessing Officer dated 26 August 2019.

In this regard, the Appellant wishes to humbly submit that the Appellant has opted for resolution under the provisions enumerated under the VSV Act. In order to give effect of the proceedings enumerated under the VSV Act, Rule 5 of the Direct Tax Vivad Se Vishwas Rules, 2020 (‘the VSV Rules’), stipulates that the Appellant is liable to withdraw the grounds of appeal

, prior to furnishing of Form

4. (intimation of payment). Therefore, in compliance with the aforesaid Rule, the Appellant hereby submits that the appeal in A.Y. 2015-16, may be permitted to be withdrawn.”

3.

The ld. DR did not raise any objection to the withdrawal of the appeal filed by the assessee. As such, the assessee is permitted to withdraw the appeal.

4.

In the result, the appeal is dismissed as ‘withdrawn’.

Order pronounced in the open Court on 12th day of January, 2021.

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