What did the Tribunal hold?

The Tribunal noted that the assessee had settled the dispute under the Vivad Se Vishwas Scheme and had received Form-5. Accepting the assessee's request, the appeal was dismissed as withdrawn.

The assessee filed an appeal against an order of the CIT(A). Subsequently, the assessee applied for settlement under the Vivad Se Vishwas Scheme and made the required tax payment. The assessee then requested the withdrawal of the appeal.

What were the issues?

Whether an appeal filed before the ITAT should be dismissed as withdrawn when the dispute has been settled under the Vivad Se Vishwas Scheme.

M/S. Fassco International (I)… vs JCIT | ITAT Mumbai 2021

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI SAKTIJI DEY, HONBLE & SHRI S. RIFAUR RAHMAN, HONBLEShri Saurabh Deshpande

For Respondent: Shri Saurabh Deshpande

Hearing: 03.09.2021Pronounced: 03.09.2021

O R D E R PER. S. RIFAUR RAHMAN (AM)

This appeal is filed by the assessee against order of Learned Commissioner of Income Tax (Appeals)–16, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 14.06.2019 for the A.Y. 2015-16.

(A.Y: 2015-16) M/s. FASSCO International (I) Pvt. Ltd., 2. Assessee filed a letter dated 21st August, 2021 and submitted as under: - “Name: Fassco International (India) Private Limited PAN: AACCF0629B Assessment Year: 2015-16 Appeal No: ITA 6445/MUM/2019 Re. Appeal fixed for Hearing on 15th September 2021 Before F Bench Respected Sir, Hearing of the aforesaid matter is scheduled for hearing before F bench on 15th September 2021. Copy of the notice is enclosed as Annexure A. In this connection, we would like to submit that Appellant has already made an application for settlement of the dispute under Vivaad Se Vishwas Scheme. Application of the Appellant has been accepted and thereafter payment or tax as"" per Form 3 has also been made. We have also filed application on 12th April 2021 to withdraw the appeal with the ITAT Registry. Copy of the letter is enclosed as Annexure B. Final form No 5 is awaited from the competent authority. As the matter has already been settled in dispute under Vivaad Se Vishwas scheme, we request your Honour to kindly pass order to dispose the appeal. Copy of Form 3 and Form 4 are also attached herewith as Annexure C and D for your reference..”

On a perusal of the above letter filed by the assessee and enclosed copy of Form-5 it is noticed that assessee has already filed declaration and undertaking under Vivad Se Vishwas Scheme and received Form-5 from the Revenue accepting the said declaration. Assessee requested for (A.Y: 2015-16) M/s. FASSCO International (I) Pvt. Ltd., withdrawal of the appeal. Accepting the request of the assessee for withdrawal of appeal, this appeal is dismissed as withdrawn.

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

Order pronounced in the virtual court on 03.09.2021.

M/S. FASSCO INTERNATIONAL (I) PVT. LTD.,MUMBAI vs. JCIT (OSD), CIRCLE, 9(3)(1), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Recent GST High Court judgments