M/S. SANTA OASIS CITY LLP.,MUMBAI vs. INCOME TAX OFFICER 21(3)(2), MUMBAI

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ITA 5262/MUM/2019Status: DisposedITAT Mumbai08 March 2021AY 2014-152 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 considered the assessee's letter and allowed the withdrawal of the appeal. The appeal was dismissed as withdrawn due to the assessee's participation in the Vivad Se Vishwas Scheme.

What were the facts?

The assessee filed an appeal for AY 2014-15. The assessee subsequently opted for the Vivad Se Vishwas Scheme and received Form-3.

What were the issues?

The primary issue was whether the appeal should be withdrawn by the assessee due to their opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC” MUMBAI

Before: SHRI VIKAS AWASTHY & SHRI N.K. PRADHAN

For Respondent: Mr. Sanjay J. Sethi, DR
Hearing: 08/03/2021Pronounced: 08/03/2021

ORDER PER N.K. PRADHAN, A.M. This is an appeal filed by the assessee. The relevant assessment year is 2014-15. The appeal is directed against the order of the Commissioner of Income Tax (Appeals)-48, Mumbai [in short ‘CIT(A)’] and arises out of the assessment completed u/s 143(3) of the Income Tax Act 1961, (the ‘Act’).

2.

The assessee/appellant has filed a letter dated 07.03.2021 before the Tribunal stating that having opted for Vivad Se Vishwas Scheme, 2020, they have received Form -3 and therefore, they may be allowed to withdraw the above appeal.

We brought to the attention of the Ld. Departmental Representative the above submission of the appellant. 2 M/s Santa Oasis City LLP 3. The Government of India enacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act No. 3 of 2020) to provide for resolution of disputed tax and for matter connected therewith or incidental thereto. The Act of the Parliament received the assent of the President on 17.03.2020 and published in the Gazette of India on 17.03.2020. In terms of the said Act, the assessee has been given an option to put an end to the tax disputes, which may be pending at different levels either before the First Appellate Authority or before the Tribunal or before the High Court or before the Supreme Court of India.

Considering the letter dated 07.03.2021 filed by the appellant, we are inclined to dismiss this appeal as withdrawn.

In the result, this appeal is dismissed as withdrawn. 4.

Order pronounced in the open Court on 08/03/2021

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