TISHMAN SPEYER INDIA P.LTD,MUMBAI vs. DCIT 8(3)(1), MUMBAI

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ITA 266/MUM/2016Status: DisposedITAT Mumbai01 March 2021AY 2009-103 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 assessee requested to withdraw the appeals based on the settlement under the Vivad Se Vishwas Scheme. The Tribunal accepted the request and dismissed the appeals as withdrawn.

What were the facts?

The assessee filed appeals against the orders of the CIT(A) for various assessment years. The assessee later filed a declaration under the Direct Tax Vivad Se Vishwas Act, 2020, and received an order accepting the declaration.

What were the issues?

Whether the appeals can be withdrawn consequent to a settlement under the Vivad Se Vishwas Act, 2020.

Which sections of the Income-tax Act were involved?

Section 4,Section 5(1)

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, HONBLE

For Appellant: Shri Nishith Khatri
For Respondent: Shri Vijay Kumar Menon
Hearing: 25.02.2021Pronounced: 01.03.2021

O R D E R PER BENCH

1.

These appeals are filed by the assessee against different orders of Learned Commissioner of Income Tax (Appeals)-14, Mumbai [hereinafter in short “Ld.CIT(A)”] for the A.Ys. 2008-09 to 2011-12.

2 267 & 2365/MUM/2016 ITA NO. 6395/MUM/2018 (A.Y: 2011-12) M/s. Tishman Speyer India Pvt. Ltd., 2. Assessee through its Authorized Representative filed a letter dated 4th February, 2021 and prayed for withdrawal of appeals. Contents of the letter in ITA.No. 267/Mum/2016 are as under: - “ITA No: 267/MUM/2016 Assessment Year: 2010-11 We refer to abovementioned appeal of our abovenamed client in respect of assessment year 2010-11. Under instructions of our client, we have to state that, in respect of the abovementioned appeal, our client has filed a declaration under section 4 of The Direct Tax Vivad Se Vishwas Act, 2020 (the Act) in Form 1 to the Designated Authority. Pursuant to the said declaration, the Designated Authority vide its order dated 21st January, 2021 passed an order in Form 3 under section 5 (1) of the Act. A copy of the said order is enclosed herewith. In these circumstances, we request you to kindly place this application before the Hon'ble Bench to allow our client to withdraw the abovementioned appeal.”

3.

On a perusal of the above letter and the enclosed copies 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 requested for 3 267 & 2365/MUM/2016 ITA NO. 6395/MUM/2018 (A.Y: 2011-12) M/s. Tishman Speyer India Pvt. Ltd., withdrawal of the appeals. Accepting the request of the assessee for withdrawal of appeals, these appeals are dismissed as withdrawn.

4.

In the result, appeals of the assessee are dismissed as withdrawn.

Order pronounced on 01.03.2021 as per Rule 34(4) of ITAT Rules by placing the pronouncement list in the notice board

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