AJAY R. NENSEE,MUMBAI vs. ITO 17(1)(1), MUMBAI

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ITA 3288/MUM/2017Status: DisposedITAT Mumbai28 June 2022AY 2013-143 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The assessee's counsel informed the tribunal that the client had paid the taxes under the VSVS scheme and requested to withdraw the appeal. The tribunal accepted the request.

What were the facts?

The assessee filed an appeal before the ITAT. The assessee later opted to settle the dispute under the 'Vivad se Vishwas Scheme, 2020' and paid the taxes due.

What were the issues?

The primary issue was the withdrawal of the appeal by the assessee due to opting for the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

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

Before: SHRI VIKAS AWASTHY & SHRI M. BALAGANESHShri Ajay R. Nensee,

For Respondent: Shri Manoj Sinha
Hearing: 28/06/2022Pronounced: 28/06/2022

सुनवाई क� �त�थ/ Date of hearing : 28/06/2022 घोषणा क� �त�थ/ Date of pronouncement : 28/06/2022 आदेश/ ORDER

PER VIKAS AWASTHY, JM:

1.

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-28, Mumbai [in short ‘the CIT(A)] dated 03/02/2017 for the assessment year 2013-14.

2.

The notice of hearing of appeal was sent to the assessee through RPAD on the address mention in Form No.36. The repeated notices sent were duly served on the assessee, as is evident from acknowledgements available on record. On the last date of hearing i.e. 25/05/2022, the Bench directed to issue notice through the office of Departmental Representative for today i.e. 28/06/2022. The ld.Departmental Representative furnished a copy of service report. As per service report dated 15/06/2022, the notice has been duly served on the assessee. Despite service of notice neither the assessee nor any Authorized Representative of the assessee has appeared. Therefore, the appeal is taken up for hearing with the assistance of ld.Departmental Representative and on the basis of material available on record. 3. During scrutiny of appeal file it transpired that the assessee has opted to settle the dispute under ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’). A letter dated 03/05/2021 from the office of Tax Consultants of the assessee along with Form NO.3 and tax paid challan under VSVS is available on record. The relevant extract of aforesaid letter is reproduced herein below: “Re: Ajay Raychand Nensee 20-A-A, Nagindas Master Road, Fort, Mumbai – 400023 PAN : AAAPN3964A Assessment Year : 2013-2014 Appeal No.ITA 32, 88/MUM/2017 Request to withdraw the appeal as our Client has paid the Taxes under VSVS.

This is to inform your goodself that our client wish to withdraw the above appeal as he has paid the necessary taxes under VSVS. We enclose herewith Form No. 3 of VSVS along with copy of tax paid chalian of Rs.15,68,722/- for your reference and record.

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