What did the Tribunal hold?

The Tribunal noted that the assessee had applied under the 'Vivad se Vishwas Scheme 2020' and received Form-3. Therefore, keeping the appeal pending would serve no purpose.

The assessee filed an appeal against an order of the Commissioner of Income Tax (Appeals). During the hearing, the assessee expressed an intention to settle the tax litigation by opting for the '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Whether the appeal should be dismissed as withdrawn due to the assessee opting for the 'Vivad se Vishwas Scheme 2020'.

Ryan India Tax Services Pvt. Ltd vs ITO | ITAT Mumbai 2021

Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

आदेश / O R D E R PER PAVAN KUMAR GADALE:

Ryan India Tax Services Pvt. Ltd. - 2 - This appeal has been filed by the assessee against the order of the Commissioner of Income Tax (Appeals) - 6, Mumbai, passed u/s. 143 (3) of the Income Tax Act, 1961.

2. At the time hearing, the Ld. AR of the assessee submitted that the assessee is intend to settle the tax litigation by opting for ‘Vivad se Vishwas Scheme 2020’(VSVS2020) and filed an application in Form No. 1 & 2 under VSVS Rules 2020. Contra, the Ld. DR has no objections.

We heard the rival contentions and perused the material on record. Since the assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and the Ld.AR has filed letter dated 9-02-2021 mentioning that the assessee has applied under VSVS 2020 and received Form-3 from the Income Tax Department. We are of the view that, no purpose will be served in keeping the appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order in accordance with the provisions of law.

Ryan India Tax Services Pvt. Ltd. - 3 - 4. In the result, the appeal filed by the assessee is dismissed.

Order pronounced in the open court on 16.02.2021 Sd/- Sd/- (M. BALAGANESH) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated 16.02.2021 AK, PS आदेश क� �ितिलिप अ�ेिषत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. संबंिधत आयकर आयु� / The CIT(A) 4. आयकर आयु�(अपील) / Concerned CIT िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, मुंबई / DR, ITAT, Mumbai 5. 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, स�यािपत �ित //True Copy// 1. उप/सहायक पंजीकार ( Asst. Registrar) आयकर अपीलीय अिधकरण, मुंबई / ITAT, Mumbai

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RYAN INDIA TAX SERVICES PVT. LTD,MUMBAI vs. ITO WARD 2(3)(1), MUMBAI

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What were the issues?

Which sections of the Income-tax Act were involved?

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