What did the Tribunal hold?

The tribunal noted that the assessee had opted for the Vivad Se Vishwas Scheme and Form No. 3 had been issued. The assessee wished to withdraw the appeal.

The assessee's appeal was filed against an order of the CIT(A) for AY 2012-13. The assessment was framed by the ITO under section 143(3) of the Act. The assessee had opted for the Vivad Se Vishwas Scheme.

What were the issues?

The primary issue was the withdrawal of the appeal due to the assessee opting for the Vivad Se Vishwas Scheme.

Indo American Chamber of Commerce vs ITO | ITAT Mumbai 2021

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: SRI MAHAVIR SINGH

Pronounced: 27.10.2021

आयकर अपीलीय अिधकरण “SMC” �यायपीठ मुंबई म�। आयकर अपीलीय अिधकरण �यायपीठ मुंबई म�। आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण �यायपीठ मुंबई म�। �यायपीठ मुंबई म�। IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI �ी महावीर �सह, उपा�य� के सम� । BEFORE SRI MAHAVIR SINGH, VICE PRESIDENT Aayakr ApIla saM Aayakr ApIla saM./ Aayakr ApIla saM Aayakr ApIla saM (inaQa-arNa baYa- / Assessment Year 2012-13) Indo American Chamber of The Income Tax Officer(E)-1(3) Room No.511, 5th Floor Commerce Piramal Chambers, Lalbaug, 1-C, Vulcan Insurance Building Parel-400 012 Veer Nariman Road Vs. Churchgate Mumbai-400 020 (ApIlaaqaI ApIlaaqaI ApIlaaqaI- / Appellant) ApIlaaqaI (p`%yaqaaI p`%yaqaaI p`%yaqaaI- / Respondent) p`%yaqaaI .. �थायी लेखा सं./PAN No. AAAAI10063L अपीलाथ� क� ओर से / Appellant by : None ��यथ� क� ओर से / Respondent by : Shri Vaibhav Jain, DR 27.10.2021 सुनवाई क� तारीख / Date of hearing: घोषणा क� तारीख / Date of pronouncement : 27.10.2021 AadoSa / O R D E R AadoSa AadoSa AadoSa महावीर �सह, उपा�य� के �ारा / PER MAHAVIR SINGH, VP:

This appeal of the assessee is arising out of order of the Commissioner of Income Tax (Appeals)]-3, Mumbai [in short CIT(A)], in appeal No. CIT(A)-3/IT-10734/2017-18 vide dated 26.06.2019. The Assessment was framed by the Income Tax Officer(E),Ward-1(3) Mumbai (in short ITO/ AO) for the A.Y. 2012-13 vide order dated 25.03.2015 under section 143(3) of the Income-tax Act, 1961 (hereinafter ‘the Act’).

At the outset, Ld. Sr.DR stated that assessee has opted for Vivad Se Vishwas Scheme (VSVS Scheme), 2020 and Form No.3 issued by PCIT has been filed. When, this fact was confronted to Ld. Sr.DR, he has not raised any objection. The assesse has opted for Vivad Se Vishwas Scheme (VSVS

Indo American Chamber of Commerce AY 12-13 Scheme), 2020 and already Form No.3 has been issued by the PCIT and assessee want to withdraw this appeal. I permit the withdrawal and dismiss the appeal as withdrawn.

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

Order pronounced in the open court on 27.10.2021.

INDO AMERICAN CHAMBER OF COMMERCE,MUMBAI vs. THE INCOME TAX OFFICER (EXE,[TOPM)-1(3), MUMBAI

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