What did the Tribunal hold?

The Tribunal dismissed the appeal as withdrawn, subject to the condition that if the matter is not resolved under the Vivad se Vishwas scheme, the assessee can seek restoration of the appeal.

The assessee filed an appeal before the ITAT against the assessment order for AY 2012-13. The assessee subsequently filed a letter stating its intention to settle the matter under the Direct Tax Vivad se Vishwas Act, 2020.

What were the issues?

The primary issue was the assessee's intention to settle the tax dispute under a specific scheme, leading to the withdrawal of the appeal.

I B Hospitality Pvt. Ltd. vs DCIT | ITAT Mumbai 2021

Income Tax Appellate Tribunal, MUMBAI BENCH “C” MUMBAI

Before: SHRI M. BALAGANESH & SHRI RAVISH SOOD

For Appellant: Ms. Sakshi, A.R

For Respondent: Ms. Shreekala Pardeshi, D.R

Hearing: 10/03/2021Pronounced: 10/03/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)-8, Mumbai, which in turn arises from the assessment order passed by the A.O under Sec. 143(3) of the Income-tax Act, 1961, dated 05.03.2015 for assessment year 2012-13.

The assessee has filed a letter dated 09th March, 2021, wherein it is stated that it is in the process of filing an application under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal.

In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach the Tribunal for restoration of its appeal.

2 I.B. Hospitality Pvt. Ld. Vs. Dy. CIT-3(2)(1)

I B HOSPITALITY PVT. LTD.,MUMBAI vs. DCIT-3(2)(1), MUMBAI, MUMBAI

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