M/S MINAS E MINERALS DE GOA PRIVATE LIMITED,MORMUGAO vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 2, MARGAO
What did the Tribunal hold?
The Tribunal permitted the withdrawal of the appeal. The appeal was dismissed as withdrawn by the assessee.
What were the facts?
The assessee wanted to withdraw their appeal before the ITAT because they had opted for the Vivad Se Vishwas scheme. They submitted an application along with relevant forms as per the scheme's provisions.
What were the issues?
Whether an appeal can be withdrawn by the assessee who has opted for the Vivad Se Vishwas scheme.
Which sections of the Income-tax Act were involved?
Section 4(3),Section 5(1)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PANAJI
Before: SHRI INTURI RAMA RAO & SHRI PARTHA SARATHI CHAUDHURY
आदेश / ORDER
This appeal preferred by the assessee emanates from the order of the Ld. CIT(Appeals)-2, Panaji dated 15.02.2018 for the assessment year 2012-13 as per the grounds of appeal on record.
The Ld. AR for the assessee submitted that the assessee wants to withdraw the appeal as the assessee has opted for Vivad Se Vishwas scheme, 2020 and has filed an application dated 22.02.2021 along with Form-3 by stating as follows :
“Sub : Request for withdrawal of appeal Ref. M/s. Minas E Minerais De Goa Private Limited AY 2012-13 Appeal No. ITA 192/PAN/2018 With regards to the above mentioned appeal for assessment year 2012- 13 which was filed before the Hon’ble ITAT Panaji Bench on 04.05.2018, with this letter we hereby submit a request for withdrawal of appeal as we have opted for the vivad se vishwas Scheme. In this regard, it is intimated that we have opted for the scheme of Direct Tax Vivad Se Vishwas ( Copy of the Form 1 & 2 filed on 27/12/2020 is enclosed). Subsequently, in accordance with Section 4(3) of the Direct Tax Vivad Se Vishwas Act, 2020 ( the Act) the Appellant hereby submits a request for withdrawal of the captioned appeal as designated authority as defined by the Act has issued the certificate vide Form 3 as mentioned u/s.5(1) of the Act ( Copy of Form 3 on 17/02/2021 enclosed) Based on the above facts and the documents enclosed the Appellant requests your honour to kindly approve the request for withdrawal & issue the certificate of withdrawal as early as possible.”
The Ld. DR has no objection in case the assessee wishes to withdraw the appeal. Hence, we permit the withdrawal. Appeal of assessee is dismissed being withdrawn.
In the result, the appeal of assessee is dismissed as withdrawn.
Order pronounced on 16th day of March, 2021.
More judgments on Section 5(1)
- Bajrang Singh Rajawat, Jaipur vs ITO Ward-7(2), JaipurITA 1120/JPR/2025[2014-15]Status: Disposed30 Jul 2026AY 2014-15
- Krrishraj Construction Pvt. Ltd., Ahmedabad vs The ACIT, Central Circle-3, SuratITA 1232/SRT/2025[2016-17]Status: Disposed4 May 2026AY 2016-17
- Krrishraj Construction Pvt. Ltd., Ahmedabad vs The ACIT, Central Circle-3, SuratITA 1231/SRT/2025[2015-16]Status: Disposed4 May 2026AY 2015-16
- Amit Satpathy, Mumbai vs ITO-42(2)(1), MumbaiITA 5930/MUM/2025[2017-18]Status: Disposed27 Feb 2026AY 2017-18
- Amish Anantrai Modi, Mumbai vs Central Circel 2(1), MumbaiITA 6281/MUM/2025[2011-2012]Status: Disposed9 Dec 2025AY 2011-2012
Recent GST High Court judgments
Search GST case law →- Shining Steel Through Its Proprietor Kartik Gupta vs. Union Of INDIA & Ors.Delhi · 27 Oct 2026
- M/S Redamancy World Through Its Proprietor Sanjay Kumar Goel vs. Central Board Of Indirect Taxes And Customs & Ors.Delhi · 27 Oct 2026
- M/S Arj Exim INDIA vs. Additional Commissioner Of CGST, Appeals-Ii, New Delhi And OrsDelhi · 27 Oct 2026
- The State Of Bihar Through The Commissioner Of State Tax vs. Kaushlendra KumarPatna · 27 Oct 2026
- Ayush Sureshchandra Shah vs. State Of GujaratGujarat · 27 Oct 2026