UTV SOFTWARE COMMUNICATION PVT LTD,MUMBAI vs. ACIT, CIRCLE 16(1), MUMBAI

ITA 6846/MUM/2024Status: DisposedITAT Mumbai20 May 2025AY 2021-22Bench: SHRI OM PRAKASH KANT (Accountant Member), SHRI RAJ KUMAR CHAUHAN (Judicial Member)4 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted the assessee's request and the department's non-objection. It allowed the withdrawal request, dismissing the appeal as withdrawn, but granted the assessee the liberty to seek restoration of the appeal if the settlement under the VSV Scheme does not materialize.

What were the facts?

The assessee, UTV Software Communications Private Limited, filed an appeal against an order passed under Section 144C(5). During the proceedings, the assessee decided to opt for the Direct Tax Vivad se Vishwas Scheme (VSV Scheme) and filed Form 1, requesting to withdraw the appeal with a request for adjournment until receipt of Form 2 from the Designated Authority.

What were the issues?

Whether an appeal before the ITAT can be withdrawn by the assessee upon opting for the Direct Tax Vivad se Vishwas Scheme, with a provision for restoration if the settlement fails.

Which sections of the Income-tax Act were involved?

Section 144C(5),Section 253,Section 143(3),Section 144C(13)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “J”, MUMBAI

Before: SHRI OM PRAKASH KANT & SHRI RAJ KUMAR CHAUHAN

For Appellant: Ms. Simran Keswani, Ld
For Respondent: Shri Asif Karmali, Ld. DR
Pronounced: 20.05.2025

PER RAJ KUMAR CHAUHAN (J.M.):

1.

The appeal filed by the appellant/assessee against the Ld. Commissioner of Income Tax (DRP-2), Mumbai [Ld. CIT(A)], Mumbai dated 25.09.2024 passed u/s. 144C(5) of the Act for AY 2021-22. UTV Software Communications Private Limited

2.

At the outset, our attention was drawn towards letter dated 12.05.2025 wherein the assessee has requested to withdraw the appeal as the assessee has decided to opt for the settlement of the appeal under Direct Tax Vivad se Vishwas Scheme (VSV Scheme). The operative portion of the letter extracted as under:-

The captioned ap

The order continues below.

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