SHRI. SHARAN P KHANNA,MUMBAI vs. ITO 3 (2)(2), MUMBAI

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ITA 6475/MUM/2019Status: DisposedITAT Mumbai01 April 2021AY 2014-152 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The Tribunal dismissed the appeal as withdrawn, subject to the condition that if the matter is not resolved under the Vivad se Vishwas scheme, the assessee can seek restoration of the appeal.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee filed an application under the Direct Tax Vivad se Vishwas Act, 2020, to settle the matter. The assessee requested permission to withdraw the appeal.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to settlement under the Vivad se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “H” MUMBAI

Before: SHRI MANOJ KUMAR AGGARWAL & SHRI RAVISH SOODShri Sharan P. Khanna

For Appellant: Shri Divyesh Fotaria, A.R
For Respondent: Shri Sumit Kumar, D.R
Hearing: 01/04/2021Pronounced: 01/04/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)-8, Mumbai, dated 20.05.2019 for assessment year 2014-15, which in turn arises from the assessment order passed by the A.O under Sec. 143(3), dated 22.12.2016.

2.

The assessee vide a letter filed on 31st March, 2021 had therein stated that she had filed an application in Form No. 1 under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal. Accordingly, the assessee had requested that she may be permitted to withdraw the captioned appeal.

3.

The ld. D.R did not controvert the aforesaid factual position as was canvassed before us.

4.

In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach the Tribunal for restoration of her appeal.

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