What did the Tribunal hold?

The Tribunal considered the assessee's request to withdraw the appeal due to the Vivad se Vishwas declaration. The appeal was dismissed as withdrawn, with liberty to revive it if the Vivad se Vishwas settlement fails.

The assessee filed an appeal before the ITAT. During the pendency of the appeal, the assessee filed a declaration under the Direct Tax Vivad se Vishwas Act, 2020.

What were the issues?

Whether an appeal can be withdrawn by the assessee after filing a declaration under the Vivad se Vishwas Act, with a provision for revival.

Prakash Somalal Shah vs PCIT | ITAT Mumbai 2021

Income Tax Appellate Tribunal, “C” BENCH, MUMBAI

Before: SHRI S. RIFAUR RAHMAN, AM &

For Appellant: Shri Paresh Shaparia, AR

Hearing: 27/01/2021Pronounced: 10/02/2021

आदेश / O R D E R

PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER:

The present appeal has been filed by the assessee against the order dated 13.03.2018 passed by Ld. Pr. Commissioner of Income Tax (Central) - I , Mumbai [hereinafter referred to as the “Ld. Pr. CIT (C)”] relevant to A.Y. 2008-09.

At the outset, when the appeal was called out for hearing, the Ld. Counsel of the assessee submitted that he has filed the necessary declaration under Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020). vide letter dated 21.01.2021, he confirmed the receipt of Form- 1 & 2 and prayer to withdraw the appeal. He prayed that its right for revival of the appeal is protected, in the event of, for some unfortunate reason, the matter being not settled under the Vivad se Vishwas scheme. 3. The Ld. DR did not object to course so suggested.

Shri Prakash Somalal Shah 4. Considered the rival submissions and material placed on record. We notice that assessee filed the letter for withdrawal. Accordingly, liberty is granted to the assessee to revive the appeals in the event application filed by the assessee under VSVS fails to mature. It is further made clear that if the assessee /appellant seeks to restore the appeal in the event assessee's declaration made under VSVS is not accepted, the Registry shall not insist for filing of application for condonation of delay, if the Miscellaneous Application for recalling the order is filed beyond time on account of delay in communication of outcome under VSVS. [ Re. M/s. Nannusamy Mohan(HUF) vs. ACIT in T.C.A No.372 of 2020 decided on 16/10/2020 by Hon'ble Madras High Court].

In view of the above, we dismiss the appeal as withdrawn, subject to the rider that in the unlikely event of matter not being resolved under the Vivad se Vishwas scheme, the assessee shall have liberty to approach the Tribunal for restoration of its appeal.

In the result, the appeal is dismissed as withdrawn – subject to the observation above.

Order pronounced in the open court on 10/02/2021

PRAKASH SOMALAL SHAH,MUMBAI vs. PR.CIT(C)-I, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments