M/S. ADDITION MLTIFRADING P. LTD;,MUMBAI vs. ITO -12(1)(1), MUMBAI

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ITA 1570/MUM/2020Status: DisposedITAT Mumbai02 November 2021AY 2008-092 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The Tribunal dismissed the appeal as withdrawn, noting that the assessee had opted for settlement under the Vivad se Vishwas scheme. The assessee was granted liberty to seek restoration if the settlement failed.

What were the facts?

The assessee filed an appeal against an assessment order. Subsequently, the assessee filed an application under the Direct Tax Vivad se Vishwas Act, 2020, to settle the matter.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee's settlement under the Vivad se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC” MUMBAI

Before: SHRI PRAMOD KUMAR & SHRI RAVISH SOOD

For Respondent: Shri Milind Chavan, D.R
Hearing: 02/11/2021Pronounced: 02/11/2021

PAN No. AACCR5884N (Assessee) (Revenue) Assessee by : None Revenue by : Shri Milind Chavan, D.R Date of Hearing : 02/11/2021 Date of pronouncement : 02/11/2021 ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)- 20, Mumbai, which in turn arises from the assessment order passed by the A.O under Sec. 143(3) r.w.s 147 of the Income-tax Act, 1961, dated 29.02.2016 for assessment year 2008-09.

2.

The assessee company has filed before us a letter dated 09.09.2021, wherein it is stated that it has filed an application under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal and “Form 5” have been received from the designated authority. Backed by the aforesaid facts it is requested by assessee company that the captioned appeal may be allowed to be withdrawn.

3.

The ld. D.R did not controvert the aforesaid factual position that was canvassed before us.

2 M/s Addition Multigrading Pvt. Ltd. Vs. ITO 12(1)(1)

4.

In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach the Tribunal for restoration of its appeal.

5.

Resultantly, the appeal is dismissed as withdrawn subject to the observations recorded hereinabove.

Order pronounced in the open court on 02/11/2021

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