M/S VITONA ELASTOMERS,MUMBAI vs. ITO 29 (3)(5), MUMBAI

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ITA 4751/MUM/2019Status: DisposedITAT Mumbai05 April 2021AY 2010-112 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The tribunal dismissed the appeal as withdrawn, granting liberty to the assessee to seek restoration if the declaration under the scheme is not accepted.

What were the facts?

The assessee had opted for settlement of the dispute under the Direct Tax Vivad Se Vishwas Scheme, 2020. Consequently, the assessee sought withdrawal of the appeal filed before the tribunal.

What were the issues?

The primary issue was the withdrawal of the appeal due to the assessee opting for the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: HON’BLE SHRI SAKTIJIT DEY, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Ms. Mansi- Ld. AR
For Respondent: Ms. Smita Verma – Ld. Sr. DR

आयकर अपीलीय अधिकरण “एक-सदस्य मामला” न्यायपीठ म ुंबई में। IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI माननीय श्री शक्तिजीत दे, न्याययक सदस्य एवुं माननीय श्री मनोज कुमार अग्रवाल ,लेखा सदस्य के समक्ष। BEFORE HON’BLE SHRI SAKTIJIT DEY, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM (Hearing Through Video Conferencing Mode) आयकरअपील सं./ (धििाारण वर्ा / Assessment Year: 2010-11) M/s Vitona Elastomers ITO-29(3)(5), Mumbai बिाम/ Block-L, Kanjur Coop. Ind. Estate BKC Quarry Road, Bhandup (W) Mumbai – 400 051. Vs. Mumbai – 400 078 स्थायीलेखासं./जीआइआरसं./PAN/GIR No. AAAFV-0660-R (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee by : Ms. Mansi- Ld. AR Revenue by : Ms. Smita Verma – Ld. Sr. DR सुनवाई की तारीख/ : 23/03/2021 Date of Hearing घोषणा की तारीख / : 05/04/2021 Date of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

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 appeal. The Ld. DR did not raise any objection.

2.

In view of foregoing, the appeal stand dismissed as withdrawn with a liberty to assessee to seek restoration of the appeal in case the aforesaid declaration filed under the scheme is not accepted, for whatever reasons. The appeal stand dismissed as withdrawn. 3. Order pronounced on 5th April, 2021.

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