ADRI DIAMOND TOOLS PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX-9(1)(1), MUMBAI
What did the Tribunal hold?
The Tribunal accepted the assessee's request to withdraw the appeal. The appeal was dismissed as withdrawn due to the settlement under the Vivad Se Vishwas Scheme.
What were the facts?
The assessee filed an appeal against the order of the CIT(A) for AY 2014-15. The assessee subsequently opted for settlement under the Vivad Se Vishwas Scheme and obtained a certificate from the Revenue.
What were the issues?
Whether the appeal should be dismissed as withdrawn consequent to the assessee opting for settlement under the Vivad Se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, VIRTUAL COURT
Before: SHRI C.N. PRASAD, HONBLE & SHRI S. RIFAUR RAHMAN, HONBLEShri Michael jerald
O R D E R PER C.N. PRASAD (JM)
This appeal is filed by the assessee against order of the Learned Commissioner of Income Tax (Appeals)–16, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 31.05.2019 for the A.Y. 2014-15.
(A.Y: 2014-15) M/s. Adri Diamond Tools India Pvt. Ltd., 2. Assessee filed a letter dated 22nd January, 2021 and submitted as under: -
“Re: Adri Diamond Tools Private Limited PAN NO. AAFCA3959C Sub: Withdrawal of appeal pursuant to settlement of dispute under Direct Taxes under Vivad Se Vishwas Scheme Ref: Appeal No.6081/Mum/2019 for A. Y. 2014-15. --------------------- With reference to the above, we submit as under:
1. 1. The assesse has opted for settlement of dispute forming the subject matter of the aforesaid appeal under Vivad Se Vishwas Scheme.
2. Pursuant to the assessee's application the CIT (Exemption), Mumbai has issued Certificate dated 12.01.2021 in Form - 3 under Section 5(1) of the Direct Tax Vivad Se Vishwas Tax 2020.
3. As required under the said Act, we hereby withdraw our Appeal and request you to kindly give us confirmation of the same which has to be uploaded on the Income Tax Portal.
4. Form No.1 and Form No.3 under the Direct Tax Vivad Se Vishwas Rules, 2020 are enclosed herewith.”
On a perusal of the above letter filed by the assessee and enclosed copy of Form-3 it is noticed that assessee has already filed declaration and undertaking in Form-1 under Vivad Se Vishwas Scheme and received Form-3 from the Revenue accepting the said declaration. Assessee
(A.Y: 2014-15) M/s. Adri Diamond Tools India Pvt. Ltd., requested for withdrawal of the appeal. Accepting the request of the assessee for withdrawal of appeal, this appeal is dismissed as withdrawn.
In the result, appeal of the assessee is dismissed as withdrawn.
Order pronounced in the virtual court on 09.03.2021
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