What did the Tribunal hold?

The Tribunal noted the assessee's withdrawal letter and the submission by the DR. The appeal was dismissed as withdrawn, with liberty to seek restoration if the scheme declaration is not accepted.

The assessee had filed an appeal before the ITAT for AY 2010-11. The assessee later opted for settlement under the Direct Tax Vivad Se Vishwas Scheme, 2020 and received Form No. 3. The assessee requested to withdraw the appeal.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.

Windy Investments Pvt. Ltd., Delhi vs PCIT | ITAT Mumbai 2021

Income Tax Appellate Tribunal, “G” BENCH, MUMBAI

Before: SHRI MAHAVIR SINGH, VP & SHRI M. BALAGANESH, AM

Hearing: 17.06.2021Pronounced: 22.06.2021

आदेश / O R D E R एभ. फारगणेश, रेखा सदस्म के द्वाया / PER M. BALAGANESH, AM:

This appeal of assessee is arising out of the order of Principal Commissioner of Income-tax, Mumbai [in short CIT(A)], dated 22.03.2019. The assessment was framed by the Dy. Commissioner of Income Tax, Central Circle-13, Mumbai (in short ACIT/ AO) for the A.Y. 2010-11 vide order dated 22.03.2013 under section 143(3) of the Income-tax Act, 1961 (hereinafter ‘the Act’).

The registry placed on record assessee’s letter dated 11th June, 2. 2021 wherein it has been submitted that the assessee has already Windy Investments Pvt. Ltd.; AY 10-11 Page | 2 opted for settlement of dispute for this assessment year under Direct Tax Vivad Se Vishwas Scheme (VVS Scheme), 2020 and received Form No.3 from appropriate authority. The Ld. DR submitted that the appeal may be dismissed.

In view of foregoing, the appeals stand dismissed as withdrawn with a liberty to assessee to seek restoration of the appeals in case the aforesaid declaration filed under the scheme is not accepted, for whatever reasons.

In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 22.06.2021. Sd/- Sd/- (भहावीय ससिंह /MAHAVIR SINGH) (एभ फारगणेश / M BALAGANESH) (उऩाध्मऺ / VICE PRESIDENT) (रेखा सदस्म / ACCOUNTANT MEMBER) भुिंफई, ददनािंक/ Mumbai, Dated: 22.06.2021 स दीप सरकार, व.निजी सधिव / Sudip Sarkar, Sr.PS आदेश की प्रनिलऱपप अग्रेपषि/Copy of the Order forwarded to : 1. अऩीराथी / The Appellant 2. प्रत्मथी / The Respondent. 3. आमकय आमुक्त(अऩीर) / The CIT(A) 4. आमकय आमुक्त / CIT 5. ववबागीम प्रनतननधध, आमकय अऩीरीम अधधकयण, भुिंफई / DR, ITAT, Mumbai 6. गार्ा पाईर / Guard file. आदेशाि सार/ BY ORDER, सत्मावऩत प्रनत //True Copy// उप/सहायक पुंजीकार (Asstt. Registrar) आयकर अपीऱीय अधिकरण, भुिंफई / ITAT, Mumbai

Windy Investments Pvt. Ltd.; AY 10-11 Page | 3

WINDY INVESTMENTS PVT. LTD.,DELHI vs. PR. CIT- CIRCLE- 1, MUMBAI

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