What did the Tribunal hold?

The Tribunal acknowledged the assessee's settlement under the Vivad Se Vishwas Scheme. Consequently, the appeal pending before the Tribunal was dismissed as withdrawn.

The assessee filed an appeal before the ITAT. During the pendency of the appeal, the assessee filed an application under the Vivad Se Vishwas Scheme, 2020, to settle the tax dispute. The designated authority issued Form-5, which was accepted by both parties.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme for dispute resolution.

Siddhesh Capital Market Sevices… vs DCIT | ITAT Mumbai 2021

Income Tax Appellate Tribunal, ‘G‘ BENCH

Before: SHRI MAHAVIR SINGH & SHRI M.BALAGANESH

For Appellant: Shri Sonakshi Kothari

For Respondent: Shri T.S. Khalsa

Hearing: 14/06/2021Pronounced: 14/06/2021

आदेश / O R D E R PER M. BALAGANESH (A.M):

This appeal in A.Y.2016-17 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-8, Mumbai in appeal No.CIT(A)-8/10015/2018-19 dated 23/07/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 22/03/2018 by the ld. Dy. Commissioner of Income Tax, Circle 3(3)(1), Mumbai (hereinafter referred to as ld. AO).

M/s. Siddhesh Capital Market Services Pvt. Ltd.,

We find that the ld. AR filed a letter dated 12th June 2021 2. mentioning that assessee had preferred an application under direct tax “Vivad Se Viswas Scheme 2020” to settle this tax dispute for the year under consideration and had obtained Form-5 from the designated authority thereon, copy of which was enclosed alongwith this letter. Ld. DR also agreed that the Form -5 has been received.

In view of this, we hereby dismiss the appeal pending before us.

In the result, appeal of the assessee is dismissed as withdrawn.

Order pronounced on 14/06/2021 by way of proper mentioning in the notice board.

Sd/- Sd/- (MAHAVIR SINGH) (M.BALAGANESH) VICE PRESIDENT ACCOUNTANT MEMBER Mumbai; Dated 14/06/2021 KARUNA, sr.ps

M/s. Siddhesh Capital Market Services Pvt. Ltd.,

SIDDHESH CAPITAL MARKET SEVICES PRIVATE LIMITED,MUMBAI vs. DCIT, CIRCLE-3(3)(1), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments