M/S. MILI LAB PVT LTD,MUMBAI vs. ITO 12 (3)(4), MUMBAI

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ITA 5612/MUM/2019Status: DisposedITAT Mumbai05 April 2021AY 2011-122 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The Tribunal dismissed the appeal as withdrawn. The assessee was granted liberty to seek restoration if the declaration under the scheme was not accepted.

What were the facts?

The assessee sought withdrawal of the appeal as they had opted for settlement under the Direct Tax Vivad Se Vishwas Scheme, 2020. The Revenue requested the appeal be dismissed.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for a dispute resolution 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 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: 2016-17) M/s Mili Lab Private Limited ITO-12(3)(4) बिाम/ C-4, Blossom Panchsheel Enclave Aaykar Bhawan Mahavir Nagar, Kandivali (W) Mumbai – 400 020 Vs. Mumbai – 400 067 स्थायीलेखासं./जीआइआरसं./PAN/GIR No. AACCM-1696-D (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee by : Letter dated 18/03/2021 Revenue by : Ms. Smita Verma – Ld. Sr. DR सुनवाई की तारीख/ : 25/03/2021 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 registry placed on record assessee’s letter dated 18/03/2021 wherein it has been submitted that the assessee has already opted for settlement of dispute under Direct Tax Vivad Se Vishwas Scheme (VVS Scheme), 2020 and received Form No.3 from appropriate authority. Therefore, the assessee seeks withdrawal of the appeal. The Ld. DR submitted that the appeal may be dismissed.

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In view of foregoing, the appeal stand dismissed as withdrawn with a liberty to assessee to seek restoration of the appeal in case the aforesaid declaration filed under the scheme is not accepted, for whatever reasons.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