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Facts
The assessee filed appeals against penalty orders under Section 271(1)(c) for AYs 2009-10 & 2010-11. Subsequently, the assessee applied for and received 'Form 5' certificates under the Direct Tax Vivad se Vishwas Act, 2020, for these matters.
Held
The Tribunal dismissed the appeals as withdrawn, acknowledging the assessee's participation in the Vivad se Vishwas scheme. It granted the assessee liberty to approach the Tribunal for restoration of appeals if the matter is not resolved under the scheme.
Key Issues
Whether appeals before the ITAT should be dismissed as withdrawn when the assessee has opted for and received certificates under the Direct Tax Vivad se Vishwas Act, 2020, for the same penalty disputes.
Sections Cited
Section 271(1)(c), Direct Tax Vivad se Vishwas Act 2020 Section 5(2)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “C” MUMBAI
Before: SHRI S.RIFAUR RAHMAN & SHRI RAVISH SOOD
ORDER PER RAVISH SOOD, J.M: The captioned appeals filed by the assessee are directed against the respective orders passed by the CIT(A)-53, Mumbai, dated 16.09.2019, which in turn arises from the penalty orders passed by the A.O under Sec. 271(1)(c) of the Income-tax Act, 1961, dated 30.03.2018 for assessment years 2009-10 & 2010- 11.
The assessee’s counsel has filed before us a letter dated 24.08.2021, wherein it is stated that the assessee company has filed applications for both the captioned years under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matters pending before the Tribunal and had received the certificates in ‘Form 5’ for both the years under sub-section (2) of Sec. 5 of Direct Tax Vivad se Vishwas Act, 2020 from the designated authority. In support of its aforesaid claim the assessee had enclosed alongwith its letter ‘Form 5’ issued by the designated authority for both the aforementioned years. It is stated by the assessee that in the backdrop of the aforesaid facts the captioned appeals be allowed to be withdrawn. & 6970/Mum/2019 A.Ys. 2009-10 & 2010-11 2 M/s Prabhat Cables pvt. Ltd. Vs. DCIT, CC-5(2)
The ld. D.R did not controvert the aforesaid factual position as was canvassed before us.
In view of the above, we dismiss the captioned appeals as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme, then, the assessee shall have liberty to approach the Tribunal for restoration of its aforementioned appeals. 5. Resultantly, both the appeals are dismissed as withdrawn subject to the observations recorded hereinabove.