SHREEJI ALUMINUM PVT LTD,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX -5(3)(1), MUMBAI

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ITA 5356/MUM/2019Status: DisposedITAT Mumbai17 March 2021AY 2015-163 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 accepted the assessee's request for withdrawal of the appeal, noting that the Vivad se Vishwas Scheme application had been accepted by the department. No objection was raised by the Revenue.

What were the facts?

The assessee filed an appeal against a penalty order. Subsequently, the assessee applied for withdrawal of the appeal under the Direct Tax Vivad se Vishwas Scheme.

What were the issues?

Whether the appeal should be withdrawn based on the assessee's participation in the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘H‘ BENCH

For Respondent: Ms. Bharati Singh
Hearing: 17/03/2021Pronounced: 17/03/2021

आदेश / O R D E R PER M. BALAGANESH (A.M):

1.

This appeal in A.Y.2015-16 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-10, Mumbai in appeal No.CIT(A)-10,Mumbai/10044/2018-19 dated 10/05/2019 (ld. CIT(A) in short) in the matter of imposition of penalty u/s.271(1)(c) of the Income Tax Act, 1961.

2.

Assessee vide its letter dated 01/03/2021, prayed for withdrawal of appeal in A.Y.2015-16. For the sake of M/s. Shreeji Aluminium Pvt. Ltd., convenience, we are reproducing the contents of the said Application as under:-

“This is with reference to our appeal against the order passed by ACIT- 5(3)(1), Mumbai for the above-mentioned assessment year, the date of hearing for which has been fixed on 17th March,2021, we would like to state that we have applied for Direct Tax Vivad se Vishwas Scheme for the above appeal which has been accepted by the department. We are attaching herewith the Form-1 (Form tor filing declaration and undertaking) and Form -3 (vide certificate number 828252380161220) which is attached herewith the letter. Hence, we request you to take the above on record and withdraw our appeal as required by Direct Tax Vivad se Vishwas Act,2020.”

3.

Ld. DR has not raised any objection.

4.

We have heard the ld. DR and perused the records, especially the Application of assessee for withdrawal of the Appeal. We find considerable cogency in the contentions of Assessee as aforesaid. Keeping in view of the facts and circumstances of the case, we accept the request of the assessee for withdrawal of the Appeal and accordingly, we dismiss the Appeal as withdrawn.

5.

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

Order pronounced in the open Court on 17/03/2021.

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