M/S ISCRA INDIA TOUR OPERATOR PVT LTD,MUMBAI vs. ITO 10 (1)(3), MUMBAI

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ITA 6991/MUM/2019Status: DisposedITAT Mumbai12 July 2021AY 2010-113 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw its appeals. The appeals were dismissed as withdrawn due to the settlement under the Vivad Se Vishwas Scheme.

What were the facts?

The assessee sought to withdraw its appeals before the ITAT because it had applied for settlement of the tax dispute under the Vivad Se Vishwas Tax Scheme, 2020. The Revenue had issued Form no.3, and the assessee had paid the disputed tax.

What were the issues?

The primary issue was whether the assessee's appeals should be withdrawn and dismissed as the dispute was settled under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 271BA,Section 271AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, MUMBAI

Before: SHRI MAHAVIR SINGH & SHRI S. RIFAUR RAHMAN

For Respondent: Ms. Shreekala Pardeshi

Date of Hearing – 12.07.2021 Date of Order – 12.07.2021

O R D E R PER S. RIFAUR RAHMAN, A.M.

These appeals have been filed by the assessee challenging the impugned order dated 22nd August 2018, passed by the learned Commissioner (Appeals)–21, Mumbai.

2 ISCRA India Tour Operator Pvt. Ltd.

2. The issue raised by the assessee in its appeal being ITA no.6991/Mum./2019, relates to confirming penalty of ` 1,00,000, imposed by the Assessing Officer under section 271BA of the Income Tax Act, 1961 (for short "the Act") and the issue raised by the assessee in its appeal being ITA no.6992/Mum./2019, relates to confirming penalty of ` 14,41,557, imposed by the Assessing Officer under section 271AA of the Act.

2.

When the case was called for hearing, neither the assessee nor any of its authorized representatives appeared before us to represent its case. However, while going through the record available before us, we find that the assessee has filed a letter dated 23rd March 2021, seeking withdrawal of its appeal in view of the fact that it has applied for settling the tax dispute under the Vivad Se Vishwas Tax Scheme, 2020. The letter submitted by the assessee is accompanied by the Form no.3 issued by the Revenue. The said letter also states that the assessee has also paid the disputed tax of INR 3,85,389, as determined in Form no.3, vide challan 13550 dated 19th March 2021. The aforesaid letter along copy of Form no.3, are also kept on record.

3.

The learned Departmental Representative has no objection for withdrawal of the appeal by the assessee.

3 ISCRA India Tour Operator Pvt. Ltd. 4. Considering the fact that the assessee has sought withdrawal of the present appeals, as the assessee has applied for settling the dispute under Vivad Se Vishwas Scheme, 2020, we permit the assessee to withdraw the appeals at this stage since the Department issued Form no.3. With these observations, the appeals filed by the assessee are liable to be dismissed as withdrawn.

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