DCIT 7(3), MUMBAI vs. YAHOO INDIA P. LTD, MUMBAI

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ITA 1944/MUM/2014Status: DisposedITAT Mumbai19 May 2022AY 2009-102 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee's appeal was settled under the Vivad Se Vishwas Scheme. The Departmental Representative did not oppose the withdrawal, and the Tribunal dismissed the appeal as withdrawn.

What were the facts?

The Assessing Officer filed an appeal against the order of the Disputes Resolution Panel for the assessment year 2009-10. The assessee sought withdrawal of the appeal as the matter was settled under the Vivad Se Vishwas Scheme 2020.

What were the issues?

The primary issue was whether the appeal filed by the Revenue should be dismissed as withdrawn due to the assessee settling the matter under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI ‘J’ BENCH, MUMBAI

Assessment Year: 2009-10 Page 1 of 2 INCOME TAX APPELLATE TRIBUNAL MUMBAI ‘J’ BENCH, MUMBAI [Coram: Pramod Kumar (Vice President)] and Sandeep Singh Karhail (Judicial Member)] Assessment Year: 2009-10 Deputy Commissioner of Income Tax-7(3) Mumbai …………………….. Appellant Vs. M/s. Yahoo India Pvt. Ltd., …………………….. Respondent Building No 12, 6th Floor, Solitaire Corporate Park, Guru Hargovindji Marg, Andheri (E), Mumbai 400093 [PAN: AAACY1252B] Appearances: None for the appellant Chandra Vijay for the respondent Date of concluding the hearing : May 19, 2022 Date of pronouncement : May 19, 2022 O R D E R Per Pramod Kumar, VP:

1.

This appeal, filed by the Assessing Officer, call into question the correctness of the order dated 29.11.2013, passed by the Disputes Resolution Panel-II, Mumbai in the matter of assessment u/s.143(3) r.w.s. 144C(13) of the Income Tax Act, 1961, for the assessment year 2009-10.

2.

When this appeal was called out for hearing, it was noticed that the assessee has moved petition seeking withdrawal of the appeal on the ground that the matter is settled under Vivad Se Vishwas Scheme 2020. The related documents have also been filed before us. 3. Learned Departmental Representative does not oppose the prayer so made by the assessee and learned Departmental Representative has agreed that the appeal of the revenue may be dismissed as withdrawn with a right of revival of the appeal, in case the factual information, for any reason whatsoever, is found to be incorrect.

Assessment Year: 2009-10 Page 2 of 2 4. There is no dispute that once the matter is resolved under Vivad Se Vishwas Scheme 2020, the related appeal is required to be withdrawn.

5.

In view of the above position, as also bearing in mind entirety of the case, we deem it fit and proper to dismiss this appeal as withdrawn. The liberty, however, is granted to the learned Departmental Representative to approach the Tribunal, within six months, for recalling this order in case the factual element embedded in prayer of the assessee is found to be incorrect.

6.

In the result, the appeal is dismissed as withdrawn. Pronounced in the open court today on the 19th day of May 2022.

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