What did the Tribunal hold?

The assessee requested permission to withdraw the appeal as per the conditions of the Vivad Se Vishwas Scheme. The Tribunal accepted the assessee's request.

The assessee filed an appeal before the ITAT. Subsequently, the assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2019 to settle the dispute. The assessee's declaration under the scheme was accepted by the designated authority.

What were the issues?

Whether the assessee is entitled to withdraw the appeal after opting for the Vivad Se Vishwas Scheme.

Shri Sachin Chhabildas Sheth vs ACIT | ITAT Mumbai 2021

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI C.N. PRASAD, HONBLE & SHRI S. RIFAUR RAHMAN, HONBLEShri Sachin Chhabildas Sheth v. Shri Mayur R. Makadia Shri Vijay Kumar Menon

For Appellant: Shri Mayur R. Makadia

For Respondent: Shri Vijay Kumar Menon

Hearing: 25.02.2021Pronounced: 01.03.2021

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)-4, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 24.05.2019 for the Assessment Year 2009-10.

(A.Y: 2009-10) Shri Sachin Chhabildas Sheth 2. Assessee filed a letter dated 06th January, 2021 and submitted as under: - “Re: Shri Sachin Chabildas Sheth - PAN: AAPPS8823E M/ 2019 for AY 2009-10 Sub: Withdrawal of Appeal Filed I refer to the captioned appeal which has been filed by me before the Hon'ble income Tax Appellate Tribunal Mumbai on 6th August 2019 and is yet pending for disposal. I, the assessee, have preferred to settle the dispute 'by opting for the Direct Tax Vivad Se Vishwas Scheme, 2019 announced by the Government of India. I have accordingly filed my declaration in Form No. 1 & 2 under the Direct Tax Vivad Se Vishwas Act 2020 for the settlement of the present appeal The same are enclosed herewith. The declaration has also been accepted by the Designated Authority being PR.CIT-2 and Form No. 3 bearing certificate number 110928210060121 dated 06.01.2021 has also been issued by Pr.CIT-2. The said Form - 3 is enclosed herewith. As per the said Form - 3, I am entitled to a refund of Rs.80,417/- on account of excess payments of the tax amount. Under the Direct Tax Vivad Se Vishwas Act 2020 once the declaration made by the assessee is accepted, by the Designated Authority, the assessee is required to withdraw the appeal in respect of which the declaration has been filed. Accordingly, I hereby request the permission of the Hon'ble Income Tax Appellate Tribunal to allow me to withdraw the present appeal which is the subject matter of the Declaration under the Direct Tax Vivad Se Vishwas Act, 2020.”

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 (A.Y: 2009-10) Shri Sachin Chhabildas Sheth 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 on 01.03.2021 as per Rule 34(4) of ITAT Rules by placing the pronouncement list in the notice board

SHRI SACHIN CHHABILDAS SHETH,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX -2(1)(1), MUMBAI

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