What did the Tribunal hold?

The Tribunal noted that the assessee had successfully opted for the Vivad Se Vishwas Scheme and received a certificate from the revenue. Therefore, the Tribunal accepted the assessee's request to withdraw the appeal.

The assessee filed an appeal before the ITAT. Subsequently, the assessee opted for the Vivad Se Vishwas Scheme to settle the dispute. The assessee filed a letter requesting withdrawal of the appeal.

What were the issues?

Whether the appeal should be withdrawn by the assessee after opting for the Vivad Se Vishwas Scheme.

Saigal Seatrade vs ACIT | ITAT Mumbai 2021

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI SHAMIM YAHYA, HONBLE & SHRI C.N. PRASAD, HONBLEShri Rajaramesh Shri B.K. Bagchi

For Appellant: Shri Rajaramesh

For Respondent: Shri B.K. Bagchi

Hearing: 28.10.2021Pronounced: 28.10.2021

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

This appeal is filed by the assessee against order of Learned Commissioner of Income Tax (Appeals)–33, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 23.09.2019 for the A.Y. 2012-13.

Assessee filed a letter dated 30th September, 2021 and submitted as under: - “Ref: M/s. SAIGAL SEATRADE PAN: AAAFS6920K IT.A.Y. 2012-13 Appeal No.: ITA 7402/MUM/2019

(A.Y: 2012-13) M/s. Saigal Seatrade BENCH - E Sub: Request for withdrawal of Appeal in view of opting for Vivad Se Vishwas Scheme With reference to the above appeal, the Assessee submits that it has opted to settle the said appeal under the Direct Tax Vivad Se Vishwas Act - 2020('VSV Act"). Accordingly, the declaration in Form No.1 and undertaking for waiver of right in Form No.2 have been filed with the Designated Authority on 29.01.2021 (Copy enclosed). In response thereto, the Principle Commissioner of Income Tax - 20, Mumbai issued the Certificate in Form No. 3 dated 16.09.2021 accepting the application of the assessee and determining the refund of Rs. 45,1227- refundable under the VSV Act to the assessee. Copy of Form No.3 issued by PCIT is enclosed. In view of above, the assessee craves leave to withdraw the above appeal pending before the Hon'ble ITAT, Bench - G and oblige.”

On a perusal of the above letter filed by 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. 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 in the virtual court on 28.10.2021.

SAIGAL SEATRADE,MUMBAI vs. ASST CIT 21 (3), MUMBAI

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