What did the Tribunal hold?

The Tribunal noted that the assessee's declaration under the Vivad se Vishwas Scheme was accepted and Form-3 was issued. Therefore, the appeals were dismissed as withdrawn.

The assessee filed two appeals before the ITAT for assessment years 2014-15 and 2015-16. The assessee subsequently opted for the 'Vivad se Vishwas Scheme, 2020' and requested to withdraw the appeals.

What were the issues?

The primary issue was whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas Scheme.

Rashmin Mansukh Cholera (HUF) vs ITO | ITAT Mumbai 2021

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

Before: SHRI VIKAS AWASTHY

Hearing: 06/04/2021Pronounced: 06/04/2021

PER VIKAS AWASTHY, J.M: These two appeals by the assessee are directed against the orders of Commissioner of Income Tax (Appeals)-7, Mumbai (in short ‘the CIT(A)’) for the assessment year 2015-16 dated 05/8/2019 and for the assessment year 2014- 15 dated 02/8/2019, respectively.

(A.Y.2015-16) (A.Y.2014-15)

A letter dated 05/04/2021 has been received from the Chartered Accountants of the assessee stating that the assessee has opted for ‘Viwad Se Vishwas Scheme, 2020’ (in short ‘VSVS’) and hence, want to withdraw both the appeals.

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

A perusal of above letter shows that the assessee’s declaration under VSVS for the impugned assessment years has been accepted and the Designated Authority has issued Form-3. In view of above, the appeal by assessee for AY 2014-15 and 2015-16, respectively are dismissed as withdrawn.

Order pronounced in the open court on Tuesday, the 6th day of April, 2021.

Sd./- (VIKAS AWASTHY) �या�यक सद�य/JUDICIAL MEMBER मुंबई/ Mumbai, �दनांक/Dated: 06/04/2021 Vm, Sr. PS (O/S)

RASHMIN MANSUKH CHOLERA (HUF),MUMBAI vs. ITO-16(3) (3), MUMBAI, MUMBAI

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