NOTANDAS AND SONS MUMBAI,MUMBAI vs. ACIT-23 (2), MUMBAI, MUMBAI

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ITA 6129/MUM/2019Status: DisposedITAT Mumbai26 April 2021AY 2008-093 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The Tribunal dismissed the appeal as withdrawn upon the assessee's request. The assessee was granted liberty to seek restoration if the declaration under the scheme was not accepted.

What were the facts?

The assessee filed an appeal before the ITAT against an order of the CIT(A) for AY 2008-09. The assessee later opted for the Direct Tax Vivad Se Vishwas Scheme, 2020.

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Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

For Appellant: Shri Devang Divecha, AR
Hearing: 26.04.2021Pronounced: 26.04.2021

भहावीय स िंह, उऩाध्मक्ष के द्वाया / PER MAHAVIR SINGH, VP:

This appeal of assessee is arising out of the order of the Commissioner of Income Tax (Appeals)]-33, Mumbai, [in short CIT(A)], in appeal No. CIT(A)-33/Rg.21/24/2016-17 dated 15.07.2019. The assessment was framed by the Asst. Commissioner of Income Tax (in short ACIT/ ITO/ AO), Circle 23(2), Mumbai for the A.Y. 2008-09 vide M/s Notandas & Sons; AY 2008-09 order dated 14.03.2016 under section 143(3) of the Income-tax Act, 1961 (hereinafter ‘the Act’).

2.

The Ld. AR 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, seeks withdrawal of the appeal. The Ld. DR did not raise any objection against the same.

3.

In view of foregoing, the appeal stand dismissed as withdrawn with a liberty to assessee to seek restoration of the appeal in case the aforesaid declaration filed under the scheme is not accepted, for whatever reasons.

3.

In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 26.04.2021 (ए रयफ़ौय यहभान/ S RIFAUR RAHMAN) (भहावीय स िंह /MAHAVIR SINGH) (रेखा दस्म / ACCOUNTANT MEMBER) (उऩाध्मक्ष / VICE PRESIDENT) भुिंफई, ददनािंक/ Mumbai, Dated: 26.04.2021 ुदीऩ यकाय, व. ननजी चिव/ Sudip Sarkar, Sr.PS M/s Notandas & Sons; AY 2008-09 आदेश की प्रतिलऱपप अग्रेपिि/Copy of the Order forwarded to : 1. अऩीराथी / The Appellant 2. प्रत्मथी / The Respondent. 3. आमकय आमुक्त(अऩीर) / The CIT(A) 4. आमकय आमुक्त / CIT 5. ववबागीम प्रनतननचध, आमकय अऩीरीम अचधकयण, भुिंफई / DR, ITAT, Mumbai 6. गार्ा पाईर / Guard file. आदेशान सार/ BY ORDER, त्मावऩत प्रनत //// उप/सहायक पुंजीकार (Asstt.

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