What did the Tribunal hold?

The Tribunal noted that the assessee had filed a declaration under the Vivad Se Vishwas Scheme and received acceptance from the Revenue. Accepting the assessee's request, the appeal was dismissed as withdrawn.

The assessee filed an appeal against an order of the CIT(A) for AY 2015-16. The assessee subsequently filed an application under the Vivad Se Vishwas Act, 2020, and received Form-3 from the Revenue. The assessee requested to withdraw the appeal.

What were the issues?

Whether the appeal should be withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.

Lotus Surgicals P.Ltd vs DCIT | ITAT Mumbai 2021

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI C.N. PRASAD, HONBLE & SHRI M. BALAGANESH, HONBLEShri Satyaprakash Singh Shri Brajendra Kumar

For Appellant: Shri Satyaprakash Singh

For Respondent: Shri Brajendra Kumar

Hearing: 19.05.2021Pronounced: 19.05.2021

O R D E R PER C.N. PRASAD (JM)

This appeal is filed by the assessee against order of the Learned Commissioner of Income Tax (Appeals)–53, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 14.03.2019 for the A.Y. 2015-16.

Assessee filed a letter through mail dated 17th May, 2021 and submitted as under: - “Re: Lotus Surgicals Private Limited ('LSPL' or 'the Appellant') PAN: AABCL1217G Assessment Year ('AY') 2015-16

(A.Y: 2015-16) Lotus Surgicals Pvt. Ltd., Assessee's Appeal: Sub:- Request for adjournment Respected Sirs, We refer to hearing of the captioned appeal which is scheduled for hearing before your Honours on 19 May 2021. In connection with the captioned matter, we wish to mention that we have filed an application under the Direct Tax - Vivad Se Vishwas Act, 2020 ('VSV') in respect of the captioned appeal and have received Form 3 from the Designated Authority. Copy of Form 3 issued is enclosed for your ready reference. In view of the above, we propose to withdraw the captioned appeal with a liberty to have the appeal restored in case the VSV application is ultimately not successful. We hope your Honour would do the needful and oblige.”

On a perusal of the above letter filed by the assessee and enclosed copy of Form-3 it is noticed that assessee has already filed declaration and undertaking in Form-1 under Vivad Se Vishwas Scheme and received Form-3 from the Revenue accepting the said declaration. Assessee requested for withdrawal of the appeal. Accepting the request of the assessee for withdrawal of appeal, this appeal is dismissed as withdrawn.

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

Order pronounced in the virtual court on 19.05.2021.

LOTUS SURGICALS P.LTD,MUMBAI vs. DCIT CEN CIR - 5(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