FUGRO SURVEY INDIA P. LTD,NAVI MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX 15(1)(1), MUMBAI

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ITA 5229/MUM/2017Status: DisposedITAT Mumbai08 November 2021AY 2011-123 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 assessee submitted a letter requesting withdrawal of the appeal after opting for the Vivad Se Vishwas Scheme and receiving Form-3. The Tribunal accepted the request.

What were the facts?

The assessee filed an appeal against the CIT(A) order for AY 2011-12. The assessee later opted for settlement under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal should be withdrawn due to settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 5(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI C.N. PRASAD, HONBLE & SHRI S. RIFAUR RAHMAN, HONBLEShri Shalin S. Divatia Shri Kiran Unavelkar

For Appellant: Shri Shalin S. Divatia
For Respondent: Shri Kiran Unavelkar
Hearing: 08.11.2021Pronounced: 08.11.2021

O R D E R PER C.N. PRASAD (JM)

1.

This appeal is filed by the assessee against order of Learned Commissioner of Income Tax (Appeals)–56, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 06.04.2017 for the A.Y. 2011-12.

(A.Y: 2011-12) M/s. Fugro Survey India Pvt. Ltd., 2. Assessee through its authorized representative filed a letter dated 22nd February, 2021 and submitted as under: - “Re: Fugro Survey (India) Pvt Ltd Sub: Withdrawal of Appeal under ITAT Appeal No. 5229/M/2017 For A.Y.2011-12 pursuant to settlement of Dispute under the Direct Taxes - Vivad Se Vishwas Scheme, 2020. With reference to the above and under instructions from our above client we submit as under:

1. 1. The Appellate assesse has opted for settlement of dispute forming the subject matter of the aforesaid Appeal under the Direct Taxes - Vivad Se Vishwas Act, 2020.

2. Pursuant to the assesse' s application the Pr. CIT, Mumbai-6, has issued Certificate dated 4th Feb 2021 in Form No.3 under Section 5(1) of the Direct Tax -Vivad Se Vishwas Scheme, 2020.2.

3. As required under the said Act, the Appellant Assessee hereby withdraws the aforesaid Appeal and request you to kindly pass appropriate Orders for uploading on the Income Tax Portal. Form -3 under the Direct Taxes Vivad Se Vishwas Rules, 2020 is enclosed.

4. We also enclose a copy of the letter from the appellant to that effect.”

3.

On a perusal of the above letter filed by the authorized representative of the assessee and enclosed copy of Form-3 it is noticed that assessee has already filed declaration and undertaking under Vivad Se Vishwas Scheme and received Form-3 from the Revenue accepting the said declaration. Assessee requested for withdrawal of the appeal.

(A.Y: 2011-12) M/s. Fugro Survey India Pvt. Ltd., Accepting the request of the assessee for withdrawal of appeal, this appeal is dismissed as withdrawn.

4.

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

Order pronounced in the virtual court on 08.11.2021.

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