What did the Tribunal hold?

The Tribunal dismissed the appeals as withdrawn, granting the assessee liberty to seek restoration if the declaration under the scheme is not accepted.

The assessee had filed appeals before the ITAT for Assessment Years 2009-10 and 2010-11. The assessee subsequently opted for settlement of disputes under the Direct Tax Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.

Rajnikant Laxmichand Shah vs ITO | ITAT Mumbai 2021

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: SRI MAHAVIR SINGH

For Appellant: Shri Rajnikant L. Shah, AR

Hearing: 05.10.2021Pronounced: 05.10.2021

Heard together (2 matters)

ITA No. 6059/Mum/2019

ITA No. 6060/Mum/2019

Read from the judgment's own cause title. This page is filed under one of them.

भहावीय स िंह, उऩाध्मक्ष के द्वाया / PER MAHAVIR SINGH, VP:

These appeals of the assessee are arising out of orders of the Commissioner of Income Tax (Appeals)]-44, Mumbai [in short CIT(A)], in appeal Nos. CIT(A)-44/ITO-32(3)(1)/IT-246, 752/15-16 vide dated 23.07.2019. The Assessments were framed by the Income Tax Officer, Ward-32(3)(1) Mumbai (in short ITO/ AO) for the A.Ys. 2009-10 & 2010-11 vide order dated 18.03.2015, 17.02.2016 under section 143(3) of the Income-tax Act, 1961 (hereinafter ‘the Act’).

The registry placed on record assessee’s vide letter dated 13.08.2021, wherein it has been submitted that the assessee has opted for settlement of dispute for all the years under Rajnikant L. Shah; AY 09-10 & 10-11 Direct Tax Vivad Se Vishwas Scheme (VSVS Scheme), 2020 and already received Form No.3 from appropriate authority. The Ld. DR did not raise any objection against the same.

In view of foregoing, the appeal stand dismissed as withdrawn with a liberty to assessee to seek restoration of the appeal in case the aforesaid declaration filed under the scheme is not accepted, for whatever reasons.

In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 05.10.2021. (भहावीय स िंह /MAHAVIR SINGH) (उऩाध्मक्ष / VICE PRESIDENT) भ िंफई, ददनािंक/ Mumbai, Dated: 05.10.2021 सुदीप सरकार, व.निजी सचिव / Sudip Sarkar, Sr.PS आदेश की प्रनिलऱपप अग्रेपषि/Copy of the Order forwarded to : अऩीराथी / The Appellant 1. प्रत्मथी / The Respondent. 2. आमकय आम क्त(अऩीर) / The CIT(A) 3. आमकय आम क्त / CIT 4. ववबागीम प्रतततनधध, आमकय अऩीरीम अधधकयण, भ िंफई / DR, ITAT,

Mumbai गार्ड पाईर / Guard file. 6. आदेशािुसार/ BY ORDER, त्मावऩत प्रतत //// उप/सहायक पंजीकार (Astt.

RAJNIKANT LAXMICHAND SHAH,MUMBAI vs. ITO 32 (3)(1), MUMBAI

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