What did the Tribunal hold?

The Tribunal accepted the assessee's request for withdrawal of the appeal. The appeal was dismissed as withdrawn.

The assessee filed an appeal against an order for assessment year 2010-11. The assessee later requested to withdraw the appeal as they had opted for settlement under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the assessee's appeal should be withdrawn due to settlement under the Vivad Se Vishwas Act.

Vishnulene Polyfab Limited vs ITO | ITAT Mumbai 2022

Income Tax Appellate Tribunal, “F” BENCH, MUMBAI

Before: SHRI AMARJIT SINGH & SHRI SANDEEP SINGH KARHAIL

For Respondent: Shri S.N. Kabra, Sr-AR

The present appeal has been filed by the assessee against the order dated 06.09.2018, passed under section 250 of the Income Tax Act, 1961 (“the Act”) by the learned Commissioner of Income Tax (Appeals)–2, Mumbai, for the assessment year 2010-11.

Vide letter dated 11.04.2022, the assessee has requested for withdrawal of the appeal, as the assessee had preferred settlement under Direct Tax Vivad Se Vishwas Act, 2020 (“VSV Act”) and Form 5 has been issued on 12.02.2021 towards full and final settlement of tax arrears for the VISHNULENE POLYFAB LTD ITA no.6702/Mum./2018 assessment year under consideration and tax dispute has been settled under VSV Act.

Learned Departmental Representative does not oppose the prayer so made by the assessee.

In view of the aforesaid, we accept the request of the assessee for withdrawal of its appeal for the assessment year 2010–11.

In the result, appeal by the assessee is dismissed as withdrawn. Order pronounced in the open court on 28.04.2022

VISHNULENE POLYFAB LIMITED,MUMBAI vs. INCOME TAX OFFICER 4(3)(3), MUMBAI

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