AFTON CHEMICAL INDIA PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-9(1)(1), MUMBAI

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ITA 6296/MUM/2017Status: DisposedITAT Mumbai16 March 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 Tribunal noted that the dispute was settled under the Vivad Se Vishwas Act, 2020, and the assessee requested to withdraw the appeal. The Revenue had no objection.

What were the facts?

The assessee filed an appeal before the ITAT for assessment year 2013-14. The assessee subsequently opted for the Direct Tax Vivad Se Vishwas Scheme to settle the dispute.

What were the issues?

The primary issue was the withdrawal of the appeal due to settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “K” MUMBAI

Before: SHRI OM PRAKASH KANT & SHRI RAHUL CHAUDHARY

For Appellant: Mr. Amol Mahajan, AR
For Respondent: Mr. Satya Pennisheety, DR
Hearing: 16/03/2022Pronounced: 16/03/2022

ORDER

PER OM PRAKASH KANT, AM

1.

This appeal has been preferred by the assessee against the final assessment order dated 30.11.2017 passed by the Dy. Commissioner of Income Tax-9(1)(1), Mumbai (hereinafter shall be referred as ‘Assessing Officer’) for assessment year 2013-14. At the outset, the Ld. counsel of the assessee

Afton Chemicals India Pvt. Ltd. 2 submitted that assessee has opted the Direct Tax Vivad Se Vishwas Scheme for settlement of Income Tax Dispute related to the captioned appeal.

In view of the dispute settled under Vivad Se Vishwas Act, 2020, the assessee requested to withdraw the appeal.

2.

The Ld. Departmental Representative (DR) was not having objection against the withdrawal of appeal of the assessee.

3.

As the dispute has already been settled under Vivad Se Vishwas Scheme and Form No.-5 prescribed under the Scheme for full and final settlement of the tax arrears has been issued and therefore, assessee is permitted to withdraw appeal and accordingly same dismissed as infructuous.

4.

In the result, the appeal is dismissed.

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