SHREE SHANKAR PLASTIC LTD,MUMBAI vs. ITO 11(2)(2), MUMBAI

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ITA 2850/MUM/2019Status: DisposedITAT Mumbai11 August 2021AY 2008-093 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had filed a declaration under the Vivad se Vishwas Act and requested withdrawal of the appeal. The Revenue did not object to this course of action.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order for AY 2008-09. The assessee later submitted a declaration under the Vivad se Vishwas Act, 2020, and requested to withdraw the appeal.

What were the issues?

The primary issue was the withdrawal of the appeal by the assessee due to opting for the Vivad se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC” MUMBAI

Before: SHRI SAKTIJIT DEY & SHRI MANISH BORAD

For Respondent: Ms. Smita Verma, DR
Hearing: 11/08/2021Pronounced: 11/08/2021

PER MANISH BORAD, A.M. The present appeal is filed by the assessee against the order of the Commissioner of Income Tax (Appeals)-18, Mumbai [in short ‘CIT(A)’] for the assessment year 2008-09 dated 05.03.2019 and arises out of assessment completed u/s 143(3) r.w.s. 147 of the Income Tax Act, 1961 (in short the Act).

2.

At the outset, when the appeal was called out for hearing, none has appeared on behalf of the assessee in spite of calls. Vide letter dated 19.04.2021, assessee submitted that it has filed the necessary declaration under Direct Tax

M/s Shree Shankar Plastics Ltd. 2 Vivad se Vishwas Act, 2020 (Act 3 of 2020) and confirmed the receipt of Form-3 and prayer to withdraw the appeal.

3.

The Ld. DR also did not object to course so suggested.

4.

We have heard rival contentions and perused records placed before us.

In view of the above stated facts, we dismiss these appeals filed by assessee treating the same as withdrawn/not pressed. However, the assessee is at liberty to file Miscellaneous Application for recalling this order within the stipulated time as prescribed under the law if the assessee’s application for availing this scheme could not be accepted by the Revenue for some reason or if the assessee could not fulfill the condition prescribed in the said scheme namely “Vivad Se Vishwas Scheme 2020”.

5.

In the result, the appeal in ITA No. 2850/Mum/2019 is dismissed as withdrawn. Order pronounced in the open Court on 11/08/2021. (SAKTIJIT DEY) ACCOUNTANT MEMBER Mumbai; Dated: 11/08/2021. Rahul Sharma, Sr. P.S. Copy of the Order forwarded to :

1.

The Appellant

2.

The Respondent.

3.

The CIT(A)-

4.

CIT

5.

DR, ITAT, Mumbai

6.

Guard file.

M/s Shree Shankar Plastics Ltd. 3 BY ORDER, //// (Dy./

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