CAROL INFO SERVICES LTD.,MUMBAI vs. ASST CIT 15(1)(2), MUMBAI

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ITA 1121/MUM/2020Status: DisposedITAT Mumbai13 July 2022AY 2016-173 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The tribunal acknowledged the appellant's settlement under the Vivad Se Vishwas Act and the lack of objection from the department. Consequently, the appeal was dismissed as withdrawn.

What were the facts?

The appellant had filed an appeal before the ITAT challenging the order of the CIT(A) which had dismissed their appeal against the assessment order. The appellant subsequently opted to settle the matter under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

The primary issue was the appellant's request to withdraw the appeal due to settlement under the Vivad Se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, C BENCH, MUMBAI

Carol Info Services Limited, 6th Floor, Wockhardt Tower, Bandra Kurla Complex, Bandra (East), Mumbai - 400051 [PAN: AAACW1299E] ……………… Appellant Vs The Assistant Commissioner of Income Tax – 15(1)(2), Mumbai, 483A, 4th Floor, Aayakar Bhavan, M.K. Road, Mumbai - 400020 ……………… Respondent Appearances For the Appellant/ Assessee : Shri Hiren Munra For the Respondent/Department : Shri B.K. Bagchi Date of conclusion of hearing : 28.04.2022 Date of pronouncement of order : 13.07.2022 O R D E R Per Rahul Chaudhary, Judicial Member: 1. By way of the present appeal the Appellant/Assessee has challenged the order, dated 09.12.2019, passed by the Ld. Commissioner of Income Tax (Appeals)-24, Mumbai [hereinafter referred to as ‘the CIT(A)’] in appeal [CIT(A)- 24/ACIT-15(1)(2)/IT-333/2018-19], for the Assessment Year 2016-17, whereby the Ld. CIT(A) had dismissed the appeal filed by the Appellant against the assessment order, dated 07.12.2018, passed under section 143(3) read with Section 147

Assessment Year: 2016-17 of the Income Tax Act, 1961 [hereinafter referred to as ‘the Act’].

2.

The Ld. Authorised Representative for the Appellant has made a request for withdrawal of the appeal having opted to settle the matter under the provisions of Direct Tax Vivad Se Vishwas Act, 2020 (hereinafter referred to as ‘the DTVSV Act’). In this regard, the Ld. Authorised Representative for the Appellant placed on record (a) declaration and undertaking in Form 1, (b) certificate in Form 3 issued under Section 5(1) of the DTVSV Act [Acknowledgement No. 266587650170221], (c) order of full and final settlement of tax arrears under Section 5(2) read with Section 6 of the DTVSV Act in Form 5 [Acknowledgement No. 904079621261121]. In view of the aforesaid, the Ld. Authorised Representative for the Appellant requested for the withdrawal of the present appeal. The learned Departmental Representative did not have any objections to the aforesaid request.

3.

In view of the above, the present appeal is dismissed as withdrawn.

Order pronounced on 13.07.2022.

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