What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the Vivad Se Vishwas Scheme and the Revenue did not object to the withdrawal. Consequently, the appeal was dismissed as withdrawn.

The assessee had opted for settlement of dispute under the Direct Tax Vivad Se Vishwas Scheme for the assessment year 2014-15. The assessee therefore sought withdrawal of the appeal.

What were the issues?

Whether an appeal can be withdrawn by the assessee if they have opted for settlement under the Vivad Se Vishwas Scheme.

Electrofocus Electricals Private… vs ITO | ITAT Mumbai 2021

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: HON’BLE SHRI VIKAS AWASTHY, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

Hearing: 10/06/2021Pronounced: 10/06/2021

आयकर अपीलीय अधिकरण “एक-सदस्य मामला ” न्यायपीठ म ुंबई में। IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI माननीय श्री विकास अिस्थी, न्यावयक सदस्य एवं माननीय श्री मनोज कुमार अग्रवाल ,लेखा सदस्य के समक्ष। BEFORE HON’BLE SHRI VIKAS AWASTHY, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM (Hearing through Video Conferencing Mode) आयकरअपील सं./ (धििाारण वर्ा / Assessment Year: 2014-15) M/s. Electrofocus Electricals Pvt. Ltd. Income tax Officer-9(2)(4) Aaykar Bhavan, 6th Floor बिाम/ 504, Deepak Residency Lajpatrai Road, Vile Parle(W) M.K. Road Vs. Mumbai-400 056 Mumbai-400 020 स्थायीलेखासं./जीआइआरसं./ PAN/GIR No. AACCE-0551-D (अपीलाथी/Appellant) : (प्रत्यथी / Respondent) अपीलाथीकीओरसे/ Appellant by : Assessee’s Letter dated 24/03/2021 प्रत्यथीकीओरसे/Respondent by : Shri Sanjay J. Sethi-Ld. DR सुनवाईकीतारीख/Date of Hearing : 10/06/2021 घोषणाकीतारीख /Date of Pronouncement : 10/06/2021 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member): -

The registry placed on record assessee’s letter dated 24/03/2021 wherein it has been submitted that the assessee has already opted for settlement of dispute for the year under Direct Tax Vivad Se Vishwas Scheme (VVS Scheme), 2020 and therefore, the assessee seeks withdrawal of the appeal. The same was not objected to by Ld. DR.

In view of foregoing, the assessee’s appeal stand dismissed as withdrawn with a liberty to assessee to seek restoration of the appeal, in case the declaration filed under the scheme is not accepted, for whatever reasons.

The appeal stands dismissed as withdrawn. Order pronounced on 10th June, 2021.

ELECTROFOCUS ELECTRICALS PRIVATE LIMITED,MUMBAI vs. ITO-9(2) (4), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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