GENERAL MOTORS OVERSEAS CORPORATION,MUMBAI vs. DDIT (IT) 3(1), MUMBAI

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ITA 3296/MUM/2011Status: DisposedITAT Mumbai01 March 2021AY 2004-052 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The tribunal noted that the assessee's declaration under the Vivad Se Vishwas Scheme was accepted and the Designated Authority issued Form-3. Consequently, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against the penalty levied under section 271(1)(c) for assessment year 2004-05. The assessee later informed the tribunal that they had opted for the 'Vivad Se Vishwas Scheme, 2020' and wished to withdraw the appeal.

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Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.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 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “I”, MUMBAI

Before: SHRI VIKAS AWASTHY & SHRI S.RIFAUR RAHMAN.

For Respondent: Shri S.S.Iyengar

Assessee by : None Revenue by : Shri S.S.Iyengar सुनवाई की तारीख/ : 25/02/2021 Date of Hearing घोषणा की तारीख / : 01/03/2021 Date of Pronouncement आदेश/ ORDER PER VIKAS AWASTHY, JM:

This appeal by the assessee is directed against order of Commissioner of Income Tax (Appeals)-10, Mumbai (in short ‘the CIT(A) ) for the assessment year 2004- 05 confirming levy of penalty under section 271(1)(c) of the Income Tax Act, 1961( in short ‘the Act’).

2.

When this appeal was taken up for hearing none had appeared on behalf of the assessee. Since it is an old appeal and none was appearing to represent the assessee in आअसं. 3296/मुं/2011 (�न.व.2004-05) (A.Y.2004-05)

the past as well, the appeal was heard with the assistance of ld. Departmental Representative. After rising of the Bench a mail dated 25/02/2021 was received from the assessee stating that the assessee has opted for ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’) and hence, want to withdraw the appeal.

3.

A perusal of above mail shows that the assessee’s declaration under VSVS for the impugned assessment year has been accepted and the Designated Authority has issued Form-3. In view of above, the appeal by assessee is dismissed as withdrawn.

4.

The appeal by assessee is dismissed as withdrawn.

Order pronounced in the open Court on Monday, the 1st day of March, 2021.

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