What did the Tribunal hold?

The tribunal dismissed both appeals as withdrawn, allowing the assessee to revive them if their declaration under the Viwad Se Vishwas Scheme is not accepted. Liberty was granted to file a miscellaneous application for recalling the order without insisting on condonation of delay.

The assessee filed appeals before the ITAT for assessment years 2012-13 and 2014-15. The assessee informed the tribunal that they had opted for the 'Viwad Se Vishwas Scheme, 2020'.

What were the issues?

The primary issue was the assessee's request to withdraw appeals due to opting for the Viwad Se Vishwas Scheme and the conditions for reviving the appeals.

M/S Aap Realtors Ltd. vs DCIT | ITAT Mumbai 2021

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

Before: SHRI VIKAS AWASTHY

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

PER VIKAS AWASTHY, J.M: These appeals by the assessee are against the order of Commissioner of Income Tax (Appeals)-52, Mumbai (in short ‘the CIT(A)’) for assessment years 2012-13 and 2014-15, respectively. Both the impugned orders are of even date ie. 26/4/2019.

(A.Y.2012-13) (A.Y.2014-15)

Ms. Apeksha Gala appearing on behalf of the assessee stated at Bar that the assessee has opted for ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’). The assessee may be permitted to withdraw the appeals at this stage with liberty to revive the appeals in case declaration under VSVS is not accepted.

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

In view of the statement made by ld. Authorised Representative of the assessee, both the appeals by assessee are dismissed as withdrawn at this stage.

Liberty is granted to the assessee to revive the appeal(s) 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(s) 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, both appeals by the assessee are dismissed, with liberty aforesaid.

Order pronounced in the open court on Monday, the 05th day of April, 2021.

Sd./- (VIKAS AWASTHY) �या�यक सद�य/JUDICIAL MEMBER मुंबई/Mumbai, �दनांक/Dated: 05/04/2021 Vm, Sr. PS (O/S)

(A.Y.2012-13) (A.Y.2014-15)

M/S AAP REALTORS LTD.,MUMBAI vs. DCIT CC 4(2), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Recent GST High Court judgments