What did the Tribunal hold?

The Tribunal dismissed the appeal as withdrawn, subject to the condition that the assessee can seek restoration if the Vivad se Vishwas scheme does not resolve the matter. The Revenue did not object to this course of action.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas scheme.

M/S O P Enterprises vs DCIT | ITAT Mumbai 2021

Q: What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee filed an application under the Direct Tax Vivad se Vishwas Act, 2020 to settle the matter. The assessee received Form 3 from the designated authority.

Income Tax Appellate Tribunal, MUMBAI BENCH “C” MUMBAI

For Appellant: Shri Waseem Khan, A.R

For Respondent: Ms. Shreekala Pardeshi, D.R

Hearing: 29/07/2021Pronounced: 29/072021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)- 52, Mumbai, which in turn arises from the order passed by the A.O under Sec. 143(3) of the Income-tax Act, 1961 dated 20.12.2018 for assessment year 2016-17.

The assessee has placed on record a letter dated 02.06.2021, wherein it is stated that it has filed an application under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal. It is stated by the assessee that it has received “Form 3” dated 22.01.2021 (copy enclosed) from the designated authority. It is stated by the assessee that in the backdrop of the aforesaid facts the captioned appeal may allowed to be withdrawn.

The ld. D.R did not controvert the aforesaid factual position as was canvassed before us.

2 M/s O.P. Enterprises Vs. Dy.CIT, CC-4(3)

M/S O P ENTERPRISES,MUMBAI vs. DY. CIT CC 4 (3), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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