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Facts
The Assessee challenged an order of the CIT(A) that had partly allowed their appeal against an Assessment Order. The Assessee subsequently filed an application to withdraw the appeal.
Held
The Tribunal noted that the disputed issue was settled under 'The Direct Tax Vivad Se Vishwas Scheme, 2024' and a certificate had been issued to the Assessee.
Key Issues
Whether the appeal can be withdrawn as the dispute has been settled under the Vivad Se Vishwas Scheme?
Sections Cited
144C(3), 143(3), 92(1)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, I” BENCH, MUMBAI
IN THE INCOME TAX APPELLATE TRIBUNAL "I” BENCH, MUMBAI SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER Marriott International Licensing Company BV C/o. BMR & Associates LLP BMR House, 36B, Dr. RK Shirodkar Marg, Parel, Mumbai – 400012. Maharashtra [PAN:AADCM0918R] …………. Appellant Vs Additional Director of Income Tax (International Taxation) 3(2)(1), Mumbai Room No.1615, 16th Floor, Air India Building, Nariman Point, Mumbai – 400021. Maharashtra. …………. Respondent Appearance For the Appellant/Assessee : Shri Paras Savla For the Respondent/Department : Shri Sridhar G. Menon Date Conclusion of hearing : 29.04.2025 Pronouncement of order : 29.04.2025 O R D E R Per Rahul Chaudhary, Judicial Member:
1. 1. By way of the present appeal the Assessee has challenged the order dated 30/11/2016, passed by the Learned Commissioner of Income Tax (Appeals)-57, Mumbai [hereinafter referred to as the ‘CIT(A)’], whereby the Ld. CIT(A) had partly allowed the appeal of the Assessee against the Assessment Order passed under Section 144C(3) read with Section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for the Assessment Year 2010-2011.
2. When the appeal was taken up for hearing the Learned Authorised Representative for the Appellant/Assessee submitted that the Appellant/Assessee has filed application on 28/03/2025 Assessment Year: 2011-2012 seeking withdrawal of the present appeal in view of the fact the disputed stands settled under the ‘The Direct Tax – Vivad Se Vishwas Scheme, 2024’. We find that a copy of Certificate under Section 92(1) of the Finance (No.2), Act 2024 [in Form No.2, DIN/Acknowledgment Number 876091031190225, dated 19/02/2025] has been issued to the Assessee in respect of Assessment Year 2011-2012. In view of the aforesaid, the present appeal preferred by the Assessee is dismissed as withdrawn.
In result, the present appeal is dismissed as withdrawn.