HAGEL CAPSULE INDUSTRIES LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX-10(1)(1), MUMBAI

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ITA 5488/MUM/2019Status: DisposedITAT Mumbai21 June 2021AY 2013-142 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 opted for the Vivad se Vishwas scheme and had received acknowledgement. The Revenue did not object to the withdrawal.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order for AY 2013-14. The assessee later submitted a declaration under the Vivad se Vishwas Act and 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Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “H” MUMBAI

Before: SHRI S. RIFAUR RAHMAN & SHRI RAVISH SOOD

For Respondent: Mr. Gurbinder Singh, DR
Hearing: 21/06/2021Pronounced: 21/06/2021

ORDER PER S. RIFAUR RAHMAN, A.M. The present appeal is filed by the assessee against the order of the Commissioner of Income Tax (Appeals)-17, Mumbai [in short ‘CIT(A)’] for the assessment year 2013-14 dated 11.10.2018 and arises out of assessment completed u/s 143(3) r.w.s. 263 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 14.05.2021, assessee submitted that it has filed the necessary declaration under Direct Tax

Hagel Capsule Industries 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 and agreed to allow the withdrawal of appeal by the assessee.

4.

In view of the above, we dismiss the appeal of the assessee since assessee has preferred to settle the issue under Vivad se Vishwas Scheme and it has received the acknowledgement in Form-3 as well. Therefore, this appeal is accordingly dismissed as withdrawn.

5.

In the result, the appeal is dismissed.

Order pronounced in the open Court on 21/06/2021.

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