DCIT CC 3(2) CEN RG 3, MUMBAI vs. WORLD SPORTS (INDIA) P . LTD, MUMBAI
What did the Tribunal hold?
The Tribunal noted that the assessee had filed the necessary declaration under the Vivad se Vishwas scheme. Consequently, the Cross Objection filed by the assessee was dismissed as withdrawn.
What were the facts?
The assessee filed a Cross Objection (CO) and the revenue filed an appeal against the CIT(A)'s order for AY 2011-12. The assessee subsequently filed a declaration under the Direct Tax Vivad se Vishwas Act, 2020.
What were the issues?
The primary issue was the withdrawal of the assessee's Cross Objection due to opting for the Vivad se Vishwas scheme, rendering the revenue's appeal infructuous.
Which sections of the Income-tax Act were involved?
Direct Tax Vivad se Vishwas Act, 2020
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “I” BENCH, MUMBAI
Before: SHRI VIKAS AWASTHY, JM &
आदेश / O R D E R
PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER:
The present appeal as well as CO has been filed by the revenue and assessee against the order dated 26.05.2017 passed by Ld. Commissioner of & CO-268/Mum/2019 M/s World Sports (India) Pvt. Ltd. Income Tax (Appeals) - 58 [hereinafter referred to as the “Ld. CIT(A)”] relevant to A.Y. 2011-12.
At the outset, when the appeal was called out for hearing, the Ld. Counsel of the assessee submitted that assessee has filed the necessary declaration under Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020). He filed letter dated 18.02.2021 confirming the receipt of Form-3 and prayer to withdraw the CO.
The Ld. DR did not object to course so suggested.
In view of the above, we dismiss the CO filed by assessee as withdrawn based on the letter submitted before us and assessee has filed the relevant Form No. 3 under the Vivad se Vishwas scheme, 2020. Accordingly, the appeal of the revenue becomes infrutuous as dismissed.
In the result, the CO filed by assessee and appeal filed by revenue stands dismissed. .
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