What did the Tribunal hold?

The Tribunal dismissed the appeal as withdrawn. However, it granted liberty to the assessee to seek restoration of the appeal if the declaration filed under the scheme was not accepted.

The assessee sought withdrawal of its appeal before the ITAT. This was because the assessee had opted for settlement of the dispute under the Direct Tax Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for the Vivad Se Vishwas Scheme.

Banihal Holdings P. Ltd vs DCIT | ITAT Mumbai 2021

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI RAVISH SOOD, JM

For Respondent: Ms. Shreekala Pardesi-Ld.DR

Per Manoj Kumar Aggarwal (Accountant Member) 1. At the time of hearing, registry placed on record assessee’s letter dated 24/02/2021 wherein it has been submitted that the assessee has opted for settlement of dispute for the year under Direct Tax Vivad Se Vishwas Scheme (VVS Scheme), 2020 and therefore, seek withdrawal of the appeal. The Ld. DR did not object to the same. 2. In view of foregoing, the appeal stand dismissed as withdrawn, however, with a liberty to assessee to seek restoration of this appeal in case the aforesaid declaration filed under the scheme is not accepted, for whatever reasons. For the said reason, the assessee’s request for transfer of this appeal to Ahmedabad benches becomes infructuous. 3. The appeal stands dismissed as withdrawn.

Order pronounced on 26th March, 2021. Sd/- Sd/- (Ravish Sood) (Manoj Kumar Aggarwal) �ाियक सद� / Judicial Member लेखा सद� / Accountant Member मुंबई Mumbai; िदनांक Dated : 26/03/2021 Sr.PS, Jaisy Varghese आदेशकी�ितिलिपअ�ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/ The Appellant 2. ��थ�/ The Respondent 3. आयकरआयु�(अपील) / The CIT(A) 4. आयकरआयु�/ CIT– concerned 5. िवभागीय�ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 6. गाड�फाईल / Guard File आदेशानुसार/ BY ORDER,

BANIHAL HOLDINGS P. LTD vs. DCIT RG 8(1), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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