SAGAR CONSTRUCTIONS,MUMBAI vs. ACIT-32(3), MUMBAI

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ITA 4419/MUM/2019Status: DisposedITAT Mumbai06 October 2021AY 2012-133 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeals. The appeals were dismissed as withdrawn, with liberty granted to seek restoration if the Vivad Se Vishwas settlement fails.

What were the facts?

The assessee filed appeals before the ITAT for assessment years 2012-13 and 2014-15. The assessee requested withdrawal of the appeals as they had opted to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

The primary issue was the assessee's request to withdraw appeals due to opting for settlement under the Vivad Se Vishwas scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCHES “G”, MUMBAI

Before: SHRI SAKTIJIT DEY & SHRI M. BALAGANESH

For Appellant: Shri Vimal Punmiya (AR)
For Respondent: Shri Pankaj Kumar (DR)
Hearing: 06/10/2021Pronounced: 06/10/2021

O R D E R PER SAKTIJIT DEY, JM Captioned appeals by the assessee arise out of two separate orders, both dated 06.05.2019, of learned Commissioner of Income Tax (Appeals)-44, Mumbai for the assessment years 2012-13 and 2014-15.

2.

When the appeals were taken up for hearing, Shri Vimal Punmiya, learned Authorized Representative of the assessee, on instruction, requested for withdrawal of the appeals. He submitted, the assessee has opted for settling the dispute arising in the appeals under the Direct Tax Vivad Se Vishwas Act, 2 & 4420/MUM/2019 Assessment Years: 2012-13 & 2014-15 2020 and has also received the certificates issued by the designated authority in Form 3.

3.

The learned Departmental Representative did not object to the aforesaid request of the assessee.

4.

In view of the facts discussed above and considering assessee’s request, we permit the assessee to withdraw the present appeals. Accordingly, appeals are dismissed as withdrawn. However, if for any unforeseen circumstances, assessee’s declarations under the Vivad Se Vishwas Scheme are not accepted by the revenue leading to non-settlement of the dispute, we grant liberty to the assessee to seek restoration of the appeals.

5.

In the result, appeals are dismissed. Order pronounced in the open court on 6th October, 2021.

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