SUPERIOR ART-PARTNERSHIP FIRM,MUMBAI vs. INCOME TAX OFFICER 26(3) (3), MUMBAI

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ITA 5357/MUM/2019Status: DisposedITAT Mumbai24 February 2021AY 2014-153 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 permitted the assessee to withdraw the appeal. Liberty was granted to seek restoration if the Vivad Se Vishwas application was not accepted.

What were the facts?

The assessee sought withdrawal of their appeal before the ITAT. This was because they had applied to settle the tax dispute under the Vivad Se Vishwas Tax Scheme, 2020.

What were the issues?

Whether the assessee can withdraw their appeal due to participation in the Vivad Se Vishwas scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “H” BENCH, MUMBAI

Before: SHRI SAKTIJIT DEY & SHRI S. RIFAUR RAHMAN

For Respondent: Shri Gurbinder Singh

The present appeal preferred by the assessee challenging the order dated 28th February 2019, passed by the learned Commissioner (Appeals)–38, Mumbai, for the assessment year 2014–15.

2.

During the course of hearing, we find that the assessee has filed a letter dated 15th February 2021, in the Registry seeking withdrawal of the appeal in view of the fact that he has applied for settling the tax dispute under the Vivad Se Vishwas Tax Scheme, 2020. The letter

2 Superior Art–Partnership Firm submitted by the assessee is accompanied by the acknowledgement in Form–1 & 2 of the declaration filed under the aforesaid scheme. The aforesaid letter and the declarations are kept on record.

3.

The learned Departmental Representative has no objection for withdrawal of the appeal by the assessee.

4.

Heard the learned Departmental Representative and perused material on record. Considering the fact that the assessee has sought withdrawal of the present appeal, as the assessee has applied for settling the dispute under Vivad Se Vishwas Scheme, 2020, we permit the assessee to withdraw the appeal at this stage. However, liberty is granted to the assessee to seek restoration of this appeal in the event the application filed under Vivad Se Vishwas Tax Scheme is not accepted by the Department. It is further made clear, in such eventuality if the assessee seeks restoration of the present appeal by filing misc. application, the delay, if any, should be condoned without insisting upon filing any application for condonation of delay. Accordingly, the appeal is dismissed as withdrawn.

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