What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeals. The appeals were dismissed as withdrawn due to the settlement under the Vivad se Vishwas Act.

The assessee had filed appeals before the ITAT for assessment years 2010-11 and 2011-12. The assessee subsequently opted to settle the dispute under the Direct Tax Vivad se Vishwas Act, 2020.

What were the issues?

Whether the appeals should be withdrawn by the assessee due to opting for settlement under the Vivad se Vishwas Act.

Yusuf Bhavnagarwala vs ITO | ITAT Mumbai 2021

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: SHRI SAKTIJIT DEY & SHRI N.K. PRADHAN

For Respondent: Shri Sanjay Sethi, DR

O R D E R Per Saktijit Dey (JM) – Aforesaid appeals by the same assessee arise out of a common order dated 20-05-2019 of learned Commissioner of Income-tax (Appeals)-34, Mumbai for the assessment years 2011-12 & 2010-11, respectively.

When the appeals were called for hearing, no one was present on behalf of the assessee. However, assessee has filed letters dated 24-02-2021 stating that he has opted for settling the dispute arising in these appeals under the Direct Tax Vivad se Vishwas Act, 2020. He has also stated that Form No.3 issued by the I.T.A. No.5136 &5137/Mum/2019 2 designated authority has been received by him. Copies of the declarations in Forms 1and 2and certificates issued in Form 3 have been attached to the letters. In view of the aforesaid, assessee has expressed his intention to withdraw these appeals. The learned Departmental Representative has no objection to the aforesaid request of the assessee.

Considering the request of the assessee, we permit him to withdraw these appeals. Accordingly, appeals are dismissed as withdrawn.

YUSUF BHAVNAGARWALA,MUMBAI vs. INCOME TAX OFFICER-23(3)(5), MUMBAI

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