What did the Tribunal hold?

The assessee desired to settle the litigation under the Direct Tax Vivad se Vishwas Act, 2020, and had filed the necessary declarations. The Tribunal accepted the assessee's request for withdrawal.

The Revenue filed an appeal against the order of the CIT(A) for AY 2010-11. The assessee submitted a letter requesting withdrawal of the appeal.

What were the issues?

Whether the appeal should be withdrawn by the Revenue due to the assessee opting for settlement under the Vivad se Vishwas scheme.

ACIT vs M/S Unichem Labotatories Ltd. | ITAT Mumbai 2021

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI C.N. PRASAD, HONBLE & SHRI M. BALAGANESH, HONBLEShri Akshay Jain Shri Sunil Jha

For Appellant: Shri Akshay Jain

For Respondent: Shri Sunil Jha

Hearing: 24.03.2021Pronounced: 24.03.2021

O R D E R PER C.N. PRASAD (JM)

This appeal is filed by the revenue against order of the Learned Commissioner of Income Tax (Appeals)–58, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 14.01.2019 for the A.Y. 2010-11.

Ld. Counsel for the assessee filed a letter through mail dated 23rd March, 2021 and submitted as under: -

(A.Y: 2010-11) M/s. Unichem Laboratories Ltd., “Sub: Unichem Laboratories Limited II ITA.No. 2376/Mum/2019 (Department’s appeal) II A.Y. 2010-11 II withdrawal of appeal. The aforementioned department's appeal is schedule for hearing on 24.03.2021. In this regards, we would like to state that the assessee is desirous of settling the litigation under Direct Tax Vivad se Vishwas Act, 2020. The assessee had filed Form-1 under the Act on 30.01.2020. Now the assessee is in receipt of Form-3 from the prescribed authority. Copy of Form 1 and Form 3 is attached herewith for Your Honour's reference and records. Accordingly, we request You Honour to kindly initiate necessary proceedings in this regards. We hope that our reasonable request will be acceded to.”

On a perusal of the above letter filed by the assessee and enclosed copy of Form-3 it is noticed that assessee has already filed declaration and undertaking in Form-1 under Vivad Se Vishwas Scheme and received Form-3 from the Revenue accepting the said declaration. Assessee requested for withdrawal of the appeal. Accepting the request of the assessee for withdrawal of appeal, this appeal is dismissed as withdrawn.

In the result, appeal of the assessee is dismissed as withdrawn.

Order pronounced in the virtual court on 24.03.2021

ACIT-CIRCLE-5(3)(2), MUMBAI vs. M/S UNICHEM LABOTATORIES LTD., MUMBAI

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