MR. CHAMPAKRAJ J MEHTA,MUMBAI vs. ITO 18(1)93), MUMBAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the Vivad Se Vishwas Scheme requires the withdrawal of related appeals once a matter is settled. The Departmental Representative did not oppose the assessee's prayer for withdrawal.
What were the facts?
The assessee filed an appeal before the ITAT. The assessee subsequently filed a petition seeking withdrawal of the appeal. This withdrawal was sought on the grounds that the matter had been settled under the Vivad Se Vishwas Scheme 2020.
What were the issues?
The primary issue was whether the appeal should be withdrawn due to settlement under the Vivad Se Vishwas Scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI ‘SMC’ BENCH, MUMBAI
O R D E R Per Pramod Kumar, VP : 1. The assessee has moved petition seeking withdrawal of the appeal on the ground that the matter is settled under Vivad Se Vishwas Scheme 2020.
Learned Departmental Representative does not oppose the prayer so made by the assessee.
There is no dispute that once the matter is resolved under Vivad Se Vishwas Scheme 2020, the related appeal is required to be withdrawn.
In view of the above position, as also bearing in mind entirety of the case, we deem it fit and proper to dismiss the appeal as withdrawn.
Assessment Year: 2008-09 Page 2 of 2 5. In the result, the appeal is dismissed as withdrawn. Pronounced in the open court today on the 10th November, 2021.
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