What did the Tribunal hold?

The Tribunal noted that the assessee had filed a declaration under the Vivad se Vishwas Scheme and received Form 5. Accepting the assessee's request, the appeal was dismissed as withdrawn.

The assessee filed an appeal against an order of the CIT(A). Subsequently, the assessee opted for the 'Vivad se Vishwas Scheme, 2020' and submitted Form 5. The assessee then requested to withdraw the appeal.

What were the issues?

The primary issue was whether the appeal should be withdrawn by the assessee due to their participation in the Vivad se Vishwas Scheme.

M/S Macrotech Developers Ltd… vs DCIT | ITAT Mumbai 2021

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI S. RIFAUR RAHMAN, HONBLE & SHRI PAVAN KUMAR GADALE, HONBLE

Hearing: 13.09.2021Pronounced: 01.12.2021

O R D E R PER. S. RIFAUR RAHMAN (AM)

This appeal is filed by the assessee against order of Learned Commissioner of Income Tax (Appeals)–49, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 17.09.2019 for the A.Y. 2007-08.

(A.Y: 2007-08) Macrotech Developers Ltd., 2. Assessee filed a letter dated 23rd July 2021 and submitted as under: “Ref: Macrotech Developers Limited (Successor to Adinath Builders Private Limited) ITA No : 7984/ Mum/ 2019 Assessment Year : 2007-08 Sub : Request for Withdrawal of Appeal of above mentioned appeal In case of above mentioned appeals, we would like to state that the appellant has opted for the “Vivad se Vishwas Scheme, 2020”. We enclose herewith copy of Form 5 issued under Vivad se Vishwas Rules by PCIT (Central), Mumbai-4. In view of the same, Appellant wish to withdraw the aforesaid mentioned Appeal and request Your Honor to kindly pass the order accordingly.”

On a perusal of the above letter filed by the assessee and enclosed copy of Form-5 it is noticed that assessee has already filed declaration and undertaking under Vivad Se Vishwas Scheme and received Form-5 from the Revenue accepting the said declaration. Assessee requested for withdrawal of the appeal. Accepting the request of the assessee for withdrawal of appeal, this appeal is dismissed as withdrawn.

In the result, appeal of the assessee is dismissed as withdrawn.

Order pronounced on 01.12.2021 as per Rule 34(4) of ITAT Rules by placing the pronouncement list in the notice board.

M/S MACROTECH DEVELOPERS LTD [SUCESSOR TO ADINATH BUILDERS PVT LTD],MUMBAI vs. DY CIT CC 7 (3), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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