What did the Tribunal hold?

The tribunal dismissed the appeal as withdrawn. However, it granted liberty to the assessee to approach the tribunal for restoration if the matter is not resolved under the Vivad se Vishwas scheme.

The assessee filed an appeal before the ITAT. The assessee's counsel requested to withdraw the appeal as they intended to file an application under the Direct Tax Vivad se Vishwas Act, 2020.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for a dispute resolution scheme.

Munnalal B Agarwal vs ACIT | ITAT Mumbai 2021

Income Tax Appellate Tribunal, MUMBAI BENCH “B” MUMBAI

For Respondent: Shri Tharian Oommen, D.R

Hearing: 09/03/2021Pronounced: 09/03/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)-25, 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 14.03.2014 for assessment year 2011-12.

The assessee’s counsel has filed a letter on 08th March, 2021, wherein it is stated that as he has decided to file an application under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal, thus, the aforesaid appeal may be allowed to be withdrawn.

The ld. D.R did not raise any objection to seeking of withdrawal of the appeal by the assessee appellant.

In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach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 Shri Munnalal B. Agarwal Vs. Asst. CIT-14(1)

MUNNALAL B AGARWAL,MUMBAI vs. ASST CIT 14(1), MUMBAI

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