DDIT (I.T) - 2(2), MUMBAI vs. M/S. UPS SUPPLY CHAIN SOLUTIONS / SERVICES INC., MUMBAI

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ITA 3280/MUM/2006Status: DisposedITAT Mumbai23 September 2021AY 2002-20032 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that once a matter is settled under the Vivad Se Vishwas Scheme, the related appeal is required to be withdrawn. Therefore, the Tribunal dismissed the appeal as withdrawn.

What were the facts?

The Assessing Officer filed an appeal against the CIT(A)'s order for AY 2002-03. The assessee filed a petition to withdraw the appeal as the matter was settled under the Vivad Se Vishwas Scheme 2020.

What were the issues?

The primary issue was whether the appeal should be dismissed as withdrawn due to settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI ‘I’ BENCH, MUMBAI

ITA No. 3280/Mum/2006 Assessment Year: 2002-03 Page 1 of 2 INCOME TAX APPELLATE TRIBUNAL MUMBAI ‘I’ BENCH, MUMBAI [Coram: Pramod Kumar (Vice President)] and Saktijit Dey (Judicial Member)] Assessment Year: 2002-03 Deputy Director of Income Tax (IT)-2(2) Mumbai …………………….. Appellant Vs. UPS Supply Chain Solutions Inc. …………………….. Respondent C/o. BSR & Co., CAs., KPMG House, Kamla Mills Compound, 448, Senapati Bapat Marg, Mumbai 400013 [PAN: AAACU5644B] Appearances: Vijay Kumar Subramaniyam for the appellant Ms. Ashika Sultania for the respondent Date of concluding the hearing : July 28, 2021 Date of pronouncement : September 23, 2021 O R D E R Per Pramod Kumar, VP:

1.

This appeal, filed by the Assessing Officer, call into question the correctness of the order dated 21.03.2006, passed by the Ld. CIT(A)-VI, Mumbai in the matter of assessment u/s.143(3) of the Income Tax Act, 1961, for the assessment year 2002-03.

2.

When this appeal was called out for hearing, the assessee has moved petition seeking withdrawal of the appeal and the assessee has also filed Form 5, 1 & 2 on the ground that the matter is settled under Vivad Se Vishwas Scheme 2020.

3.

Learned Departmental Representative does not oppose the prayer so made by the assessee and learned Departmental Representative has also agreed that the appeal of the revenue may be dismissed as withdrawn with similar right of revival of the appeal.

4.

There is no dispute that once the matter is resolved under Vivad Se Vishwas Scheme 2020, the related appeal is required to be withdrawn. Assessment Year: 2002-03 Page 2 of 2

5.

In view of the above position, as also bearing in mind entirety of the case, we deem it fit and proper to dismiss this appeal as withdrawn.

6.

In the result, the appeal is dismissed as withdrawn. Pronounced in the open court today on the 23rd day of September 2021.

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