SANKET NALIN CHHEDA,MUMBAI vs. ITO 29 (3)93), MUMBAI

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ITA 7699/MUM/2019Status: DisposedITAT Mumbai16 September 2021AY 2014-155 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal accepted the assessees' request to withdraw their appeals. The appeals were dismissed as withdrawn based on the assessees' participation in the Vivad Se Vishwas scheme.

What were the facts?

The assessees filed appeals against orders of the CIT(A). Subsequently, they applied for settlement under the Vivad Se Vishwas scheme and received Form No. 3, indicating acceptance of their declarations.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessees opting for settlement under the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI C.N. PRASAD, HONBLE

Hearing: 16.09.2021Pronounced: 16.09.2021

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

1.

All these appeals are filed by different assessee’s of same family/group against different orders of Learned Commissioner of Income Tax (Appeals)–40, Mumbai [hereinafter in short “Ld.CIT(A)”] for the A.Y.2014-15.

2.

Assessees through their authorized representative filed a letter dated 16th January, 2021 and submitted as under: - “ITA.No.7699/Mum/2019 Re: PAN NO ADAPC5577B and Appeal No ITA 7699/MUM/2019 dated 16th December, 2019 Su b: Withdrawal of an Appeal I have filed an appeal to tribunal against or order passed by the Commissioner of Income tax (Appeals) -40 on 16/12/2019 wide appeal no ITA/7701/Mum/2019. Now I have applied for settlement of dispute under VIVAD SE VISWAS with Income-tax, and now I am in receipt of Form No 3 from Principal Commissioner of Income-tax 17 Hence I now withdraw an appeal filed with your honor. I request your honor to grant the same and request you to grant the confirmation of same since I need to attach the withdrawal confirmation for Filing Form no 4 For your reference I enclose herewith Ack of an Appeal filed with you and form 3 received from PCIT- 17.” ITA.No.7700/Mum/2019 Re: PAN NO AABPC3085C and Appeal No ITA7700/MUM/2019 dated 16th December, 2019 Su b: Withdrawal of an Appeal I have filed an appeal to tribunal against or order passed by the Commissioner of Income tax (Appeals) -40 on 16/12/2019 wide appeal no ITA/7700/Mum/2019. Now I have applied for settlement of dispute under VIVAD SE VISWAS with Income-tax, and now I am in receipt of Form No 3 from Principal Commissioner of Income-tax 17 Hence I now withdraw an appeal filed with your honor. I request your honor to grant the same and request you to grant the confirmation of same since I need to attach the withdrawal confirmation for Filing Form no 4 For your reference I enclose herewith Ack of an Appeal filed with you and form 3 received from PCIT- 17.”

ITA.No.7701/Mum/2019 Re: PAN NO AACHN3710L and Appeal No ITA 7701/MUM/2019 dated 16th December, 2019 Su b: Withdrawal of an Appeal I have filed an appeal to tribunal against or order passed by the Commissioner of Income tax (Appeals) -40 on 16/12/2019 wide appeal no ITA/7701/Mum/2019. Now I have applied for settlement of dispute under VIVAD SE VISWAS with Income-tax, and now I am in receipt of Form No 3 from Principal Commissioner of Income-tax 17 Hence I now withdraw an appeal filed with your honor. I request your honor to grant the same and request you to grant the confirmation of same since I need to attach the withdrawal confirmation for Filing Form no 4 For your reference I enclose herewith Ack of an Appeal filed with you and form 3 received from PCIT- 17.” ITA.No.7702/Mum/2019 Re: PAN NO AACHN3710L and Appeal No ITA7702/MUM/2019 dated 16th December, 2019 Su b: Withdrawal of an Appeal I have filed an appeal to tribunal against or order passed by the Commissioner of Income tax (Appeals) -40 on 16/12/2019 wide appeal no ITA/7702/Mum/2019. Now I have applied for settlement of dispute under VIVAD SE VISWAS with Income-tax, and now I am in receipt of Form No 3 from Principal Commissioner of Income-tax 17 Hence I now withdraw an appeal filed with your honor. I request your honor to grant the same and request you to grant the confirmation of same since I need to attach the withdrawal confirmation for Filing Form no 4 For your reference I enclose herewith Ack of an Appeal filed with you and form 3 received from PCIT- 17.”

3.

On a perusal of the above letters filed by the authorized representative of the assessee and enclosed copies of Form-3 it is noticed that assessees had already filed declaration and undertaking under Vivad Se Vishwas Scheme and received Form-3 from the Revenue accepting the said declaration. Assessees requested for withdrawal of the appeal. Accepting the request of the assessees for withdrawal of appeals, these appeals are dismissed as withdrawn.

4.

In the result, appeals of the assessees are dismissed as withdrawn.

Order pronounced in the virtual court on 16.09.2021.

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