INDIAWIN SPORTS PRIVATE LTD.,MUMBAI vs. DCIT, C.C.-6(2), MUMBAI

PDF · subscribers

ITA 4434/MUM/2023Status: DisposedITAT Mumbai18 March 2025AY 2020-21Bench: SMT. BEENA PILLAI (Judicial Member), SHRI GIRISH AGRAWAL ( (Accountant Member)3 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw its appeal. The reasoning was based on the assessee's submission that it had opted for the Vivad Se Vishwas Scheme, 2024, and had received a certificate (Form No. 2) from the designated authority determining the tax payable as Rs. NIL. The Tribunal noted that the assessee had filed Form 1 on 14/02/2025 and Form 2 was received. Considering these submissions, the appeal was permitted to be withdrawn. The grounds raised by the assessee were accordingly dismissed as withdrawn. The Tribunal granted liberty to the assessee to review the order if circumstances warranted. The operative direction was that the appeal filed by the assessee stands dismissed as withdrawn.

What were the facts?

The assessee, Indiawin Sports Private Ltd, filed an appeal before the Income Tax Appellate Tribunal (ITAT), Mumbai, against an order dated 09/10/2023 passed by the CIT(A)-54, Mumbai, for the assessment year 2020-21. The assessee, through its authorized representative, submitted that it had opted for the Vivad Se Vishwas (VSV) Scheme, 2024. The assessee had filed a declaration and waiver in Form No. 1 with the Designated Authority on 27 December 2024. Subsequently, the assessee received a Certificate in Form No. 2, dated 14 February 2025, which determined the tax payable as Rs. NIL. Based on these developments, the assessee sought to withdraw the present appeal.

What were the issues?

1. Whether the assessee is entitled to withdraw its appeal before the Tribunal in light of its opting for the Vivad Se Vishwas Scheme, 2024, and receiving a certificate determining tax payable as Rs. NIL? Assessee's Contentions: The assessee argued that it has opted for the Vivad Se Vishwas Scheme, 2024, and has filed the necessary declarations and received a certificate (Form No. 2) from the designated authority indicating a tax payable of Rs. NIL. Therefore, it seeks to withdraw the pending appeal before the Tribunal. Revenue's Contentions: The judgment does not record any specific contentions from the Revenue. The appeal is being disposed of based on the assessee's submission and the documents filed.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, MUMBAI

Before: SMT. BEENA PILLAI & SHRI GIRISH AGRAWAL

For Appellant: Shri Nimesh Vora

For Respondent: Shri Soumendu Kumar Dash, SR. D.R

Hearing: 12.03.2025Pronounced: 18.03.2025

Per: Smt. Beena Pillai, J.M.: The Present appeal filed by the assessee arise out of order dated 09/10/2023 passed by Ld.CIT(A)-54, Mumbai.

At the outset, the Ld.AR submitted that, assessee has opted for VSV Scheme and is seeking to withdraw the present appeal. He submitted that though Form 2 is received by the assessee A.Y. 2020-21 Indiawin Sports Private Ltd pursuant to which the assessee intends to withdraw the present appeal. Scanned and reproduced herewith is the withdrawal letter filed by the assessee:

A.Y. 2020-21 Indiawin Sports Private Ltd 3. It is noted that the assessee has filed application in Form 1 on 14/02/2025 and Form 2, is awaited. Considering the submissions of the assessee, the appeal is allowed to be withdrawn, with liberty to review the order if circumstance so warrant.

Recent GST High Court judgments

Search GST case law →