PRAJ HIPURITY SYSTEMS LIMITED,MUMBAI vs. ACIT CIR 13(1)(2), MUMBAI

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ITA 3366/MUM/2019Status: DisposedITAT Mumbai04 February 2021AY 2015-163 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The tribunal accepted the assessee's request to withdraw the appeal. The appeal was dismissed as withdrawn based on the assessee's participation in the Vivad Se Vishwas scheme.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee filed an application under the Vivad Se Vishwas (VSV) scheme and received a certificate from the Competent Authority.

What were the issues?

Whether the appeal should be withdrawn due to the assessee opting for the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 144C(5)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI C.N. PRASAD, HONBLE & SHRI N.K. PRADHAN, HONBLE

For Appellant: Ms. Hiral Shah
For Respondent: Ms. Shreekala Paradeshi
Hearing: 04.02.2021Pronounced: 04.02.2021

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

1.

This appeal is filed by the assessee against direction u/s. 144C(5) of the Disputes Resolution Panel-2, Mumbai dated 29.03.2019 for the A.Y.2015-16.

2.

Assessee through its Authorized Representative filed a letter dated 3rd January, 2021 and submitted as under: - “PRAJ HIPURITY SYSTEMS LIMITED Request for withdrawal of appeal for A.Y. 2015-16 Appeal No.: 3366/MUM/2019

(A.Y: 2015-16) M/s. Praj Hipurity Systems Ltd., PAN:AACCN6144P Date of Hearing: 4.2.2021 Respected Members, On behalf of our client and in relation to the aforementioned appeal fixed for hearing on 4.2.2021, further to our letter dated 18.12.2020. we have to state as under: Our client has filed an application under Vivad Se Vishwas (VSV) on 17.6.2020, copy of the Form 1 & 2, 3 are already on records. The appellant had also filed Form 4 on 12.1.2021 & now received Form Pr.ClT. Form 5 dated 13.1.2021 having certificate acknowledgement number 204972060130121 as per The Direct Tax Vivad Se Vishwas Act, 2020 (3 of 2020) from the Competent Authority, copy of the both the forms are attached herewith. In view of the above, we hereby request you to kindly allow us to withdraw the said appeal. Thanking you and assuring you of our best cooperation at all times.”

3.

On a perusal of the above letter of the assessee and the enclosed copy 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 04.02.2021.

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