What did the Tribunal hold?

The Tribunal allowed the withdrawal of the appeal as per the assessee's request, citing the Vivad Se Vishwas Act, 2020. Liberty was granted to seek restoration if the declaration under the Act is deemed void.

The assessee filed an appeal before the ITAT for the assessment year 2013-14. Subsequently, the assessee received Form-3 under the Vivad Se Vishwas Act, 2020 and requested to withdraw the appeal.

What were the issues?

Whether an appeal can be withdrawn by the assessee upon opting for the Vivad Se Vishwas Act, 2020.

Rytus Therapeutics Ltd. vs A.C.I.T. Cir. - 11(1)(1) | ITAT Mumbai 2021

Income Tax Appellate Tribunal, MUMBAI BENCH “D” MUMBAI

Before: SHRI RAVISH SOOD & SHRI N.K. PRADHAN

For Respondent: Mr. Bharat Andhale, DR

Hearing: 26/02/2021Pronounced: 26/02/2021

ORDER PER N.K. PRADHAN, A.M. This is an appeal filed by the assessee. The relevant assessment year is 2013-14. The appeal is directed against the order of the Commissioner of Income Tax (Appeals)-18, Mumbai [in short ‘CIT(A)’] and arises out of the assessment completed u/s 143(3) of the Income Tax Act 1961, (the ‘Act’).

The assessee/appellant has filed a letter dated 29.01.2021 before the Tribunal stating that they have received Form-3 under the Vivad Se Vishwas Act, 2020 and therefore, they would like to withdraw the above appeal. 2 M/s Rytus Therapeutics Ltd.

We brought to the attention of the Ld. Departmental Representative the above submission of the appellant.

The Government of India enacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act No. 3 of 2020) to provide for resolution of disputed tax and for matter connected therewith or incidental thereto. The Act of the Parliament received the assent of the President on 17.03.2020 and published in the Gazette of India on 17.03.2020. In terms of the said Act, the assessee has been given an option to put an end to the tax disputes, which may be pending at different levels either before the First Appellate Authority or before the Tribunal or before the High Court or before the Supreme Court of India.

Considering the letter dated 29.01.2021 filed by the appellant and keeping in view the decision of the Hon’ble Madras High Court in the case of M/s Nannusamy Mohan (HUF) v. ACIT (TCA No. 372 of 2020, order dated 16.10.2020), we are inclined to dismiss this appeal as withdrawn. However, liberty is granted to the assessee to seek the restoration of this appeal in the event the declaration filed under the aforesaid Act is considered void by the Department. It is further made clear, in such eventuality, if the assessee seeks restoration of this appeal by filing miscellaneous application, the delay if any would be condoned without insisting upon filing any application for condonation of delay.

3 M/s Rytus Therapeutics Ltd.

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

Order pronounced in the open Court on 26/02/2021.

RYTUS THERAPEUTICS LTD.,MUMBAI vs. A.C.I.T. CIR. - 11(1)(1), MUMBAI

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