What did the Tribunal hold?

The Tribunal accepted the assessee's request to withdraw the appeal. Liberty was granted to revive the appeal if the VSVS declaration was not accepted.

The assessee opted for the 'Vivad Se Vishwas Scheme' (VSVS) and filed a declaration. The assessee requested to withdraw the appeal to avail the benefits of the scheme.

What were the issues?

Whether the appeal can be withdrawn to avail the benefit of the Vivad Se Vishwas Scheme, with liberty to revive.

Poonam Atul Makharia vs ACIT | ITAT Mumbai 2021

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI

Before: SHRI VIKAS AWASTHY

Hearing: 04/05/2021Pronounced: 04/05/2021

अपीलाथ) -ारा/ Appellant by : Mr. Hiral D. Sejpal *ितवाद, -ारा/Respondent by : Ms. Smita Verma सुनवाई क. ितिथ/ Date of hearing : 04/05/2021 घोषणा क. ितिथ/ Date of pronouncement : 04/05/2021 आदेश/ ORDER PER VIKAS AWASTHY, J.M: This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-29, Mumbai (in short ‘the CIT(A)’) dated 07/08/2019 for the assessment year 2014-15.

Ms. Hiral D. Sejpal made a statement that the assessee has opted for ‘Viwad Se Vishwas Scheme, 2020’ (in short ‘VSVS’) and hence, want to withdraw the appeal. The ld. AR submitted that the assessee has already filed declaration before the Designated Authority and Form-3 is awaited. The ld. AR further contended that आअसं. 6426/मुं/2019 (िन.व.2014-15) (A.Y.2014-15)

liberty may be granted to revive the appeal in case declaration filed by the assessee is not accepted.

Ms. Smita Verma representing the Department stated that the Department has no objection, if the assessee wants to withdraw appeal to avail the benefit of ‘VSVS’.

In view of the fact that the assessee has opted for VSVS and has already filed declaration, the assessee’s prayer to withdraw appeal is accepted.

Liberty is granted to the assessee to revive the appeal in the event declaration filed by the assessee under VSVS fails to mature. It is further made clear that if the assessee/appellant seeks to restore the appeal in the event assessee’s declaration made under VSVS is not accepted, the Registry shall not insist for filing of application for condonation of delay, if the Miscellaneous Application for recalling the order is filed beyond time on account of delay in communication of outcome under VSVS. [Re. M/s. Nannusamy Mohan (HUF) vs. ACIT in T.C.A No. 372 of 2020 decided on 16.10.2020 by Hon’ble Madras High Court.

In the result, appeal by assessee is dismissed as withdrawn with the liberty aforesaid. Order pronounced in the open court on Tuesday, the 4th day of May, 2021. Sd/- (VIKAS AWASTHY) �याियक सद�य/JUDICIAL MEMBER मुंबई/Mumbai, 3दनांक/Dated: 04/05/2021 SK, PS

आअसं. 6426/मुं/2019 (िन.व.2014-15) (A.Y.2014-15)

POONAM ATUL MAKHARIA,MUMBAI vs. ACIT 18 (2)(5), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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