MR. CHETAN LAKHAMSHI VISARIA,MUMBAI vs. ACIT-20(1), MUMBAI

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ITA 5419/MUM/2019Status: DisposedITAT Mumbai12 February 2021AY 2013-143 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 appeal after opting for the Vivad Se Vishwas scheme. The Tribunal accepted the assessee's request and dismissed the appeal as withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT against an order of the CIT(A). Subsequently, the assessee filed an application under the Vivad Se Vishwas Act, 2020, to settle the dispute. The application was accepted by the revenue.

What were the issues?

Whether the appeal should be withdrawn by the assessee after opting for the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 253,Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI C.N. PRASAD, HONBLEShri Sreenivasa Raghvan

For Respondent: Shri Sreenivasa Raghvan
Hearing: 12.02.2021Pronounced: 12.02.2021

O R D E R PER C.N. PRASAD (JM)

1.

This appeal is filed by the assessee against order of the Learned Commissioner of Income Tax (Appeals)–32, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 10.07.2019 for the A.Y. 2013-14.

2.

Assessee filed a letter dated 05th January, 2021 and submitted as under: - “1. The assessee has filed appeal before your honour u/s. 253 on 10/7/2019 vide e-filing ack. no. 5419/MUM/2019 against the order dated 10/07/2019 u/s. 250 by CIT(A)-32. Mumbai [original order u/s. 271(1)(c) dt.-29/08/2016];

(A.Y: 2013-14) Mr. Chetan Lakhamshi Visaria 2. And whereas to buy peace of mind, your assessee has taken opportunity provided by the Government and filed application under Direct Taxe Vivad Se Vishwas Act, 2020, to end the litigation (we enclose Form 1 & 2 of Application for your ready reference); 3. And said application is accepted by Hon'ble PCIT - 20, Mumbai, vide Form-3 (copy enclosed) issued on 24/11/2020; 4. And I have made payment of balance disputed tax dues being Rs.34,876 (copy of challan enclosed) as per said Form-3; 5. And I, therefore, hereby request your honour to allow me to withdraw the said appeal and oblige.

3.

On a perusal of the above letter of the assessee 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 withdrawal of the appeal. Accepting the request of the assessee for withdrawal of appeal, this appeal is dismissed as withdrawn.

4.

In the result, appeal of the assessee is dismissed as withdrawn.

Order pronounced in the virtual court on 12.02.2021

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