UPS SUPPLY CHAIN SOLUTIONS INC ( FORMERLY KNOWN AS UPS COMPANIES INC. USA/UPPS FEIGHT SERVICES INC./ GFRITZ COMPANIES INC.),MUMBAI vs. ADIT (IT) 2(2), MUMBAI

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ITA 901/MUM/2009Status: DisposedITAT Mumbai03 March 2021AY 2004-20052 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the Vivad Se Vishwas Scheme and the Revenue agreed to the dismissal of the appeal as withdrawn. The appeal was dismissed as withdrawn with liberty to seek restoration.

What were the facts?

The assessee filed an appeal for Assessment Year 2004-05. The assessee subsequently opted for settlement of the dispute under the Direct Tax Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “I” BENCH, MUMBAI

Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Shri Nitesh Joshi -Ld.AR (Letter/email dt
For Respondent: Shri Vijaykumar Subramaniyam-Ld. SR. DR

आयकरअपील सं./ (िनधा�रण वष� / Assessment Year: 2004-05) UPS Supply Chain Solution Inc. ADIT (Intl. Tax.)-2(2) Room No.117, 1st Floor (Formerly known as UPS Companies Inc., USA/UPS Freight Services Scindia House, Ballard Pier Inc./Fritz Companies Inc.) N.M. Road बनाम C/o. BSR & Co. Mumbai-400 038. / Vs. KPMG House, Kamala Mills Compound, 448, Senapati Bapat Marg, Lower Parel (W) Mumbai-400 013. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAACU-5644-B (अपीलाथ�/Appellant) (��थ� / Respondent) : Assessee by : Shri Nitesh Joshi -Ld.AR (Letter/email dt. 02/03/2021) Revenue by : Shri Vijaykumar Subramaniyam-Ld. SR. DR सुनवाई की तारीख/ : 03/03/2021 Date of Hearing घोषणा की तारीख / : 03/03/2021 Date of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by assessee for Assessment Year 2004-05 contests the order of learned first appellate authority on certain grounds UPS Supply Chain Solution Inc. Assessment Year: 2004-05 of appeal. The assessment for the year under consideration as framed by learned Assessing Officer u/s 143(3) r.w.s. 147 on 27/12/2007.

2.

The Ld. AR, at the outset, submitted that the assessee has already opted for settlement of dispute under Direct Tax Vivad Se Vishwas Scheme (VSV Scheme), 2020 for the year under consideration and Form No.3 has been issued by appropriate authority. The Ld. DR submitted that the appeal may be dismissed as withdrawn. 3. In view of foregoing, the appeal stands dismissed as withdrawn with a liberty to assessee to seek restoration of the appeal in case the aforesaid declaration filed under the scheme is not accepted, for whatever reasons. The appeal stands dismissed as withdrawn. 4. Order pronounced in the open court on 03rd March, 2021. Sd/- Sd/- (Mahavir Singh) (Manoj Kumar Aggarwal) उपा�� / Vice President लेखा सद� / Accountant Member मुंबई Mumbai; िदनांक Dated : 03/03/2021 Sr.PS, Jaisy Varghese आदेशकी�ितिलिपअ�ेिषत/Copy of the Order forwarded to : अपीलाथ�/ The Appellant 1. ��थ�/ The Respondent 2. आयकरआयु�(अपील) / The CIT(A) 3. आयकरआयु�/ CIT– concerned 4. िवभागीय�ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 5. गाड�फाईल / Guard File 6. आदेशानुसार/ BY ORDER,

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