INDIAN ASSOICATION OF AMUSEMENT PARKS AND INDUSTRIES,MUMBAI vs. ITO (E) I(3), MUMBAI

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ITA 7013/MUM/2016Status: DisposedITAT Mumbai03 February 2021AY 2012-134 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 Tribunal accepted the assessee's request for withdrawal of the appeals. This was based on the assessee opting for settlement under the Vivad Se Vishwas Scheme, 2020, and receiving a certificate from the Revenue.

What were the facts?

The assessee filed appeals against orders of the CIT(A) for assessment years 2011-12, 2012-13, and 2013-14. The assessee subsequently requested withdrawal of all appeals.

What were the issues?

Whether the appeals should be withdrawn by the assessee due to opting for settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Direct Taxes – Vivad Se Vishwas Act, 2020

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: Shri Shalin S. Diraitia
For Respondent: Ms. Shreekala Pardeshi
Hearing: 03.02.2021Pronounced: 03.02.2021
1.

These appeal are filed by the assessee against different orders of the Learned Commissioner of Income Tax (Appeals)–1, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 22.01.2016, 12.09.2016 & 14.09.2016 for the A.Ys. 2011-12, 2012-13 and 2013-14 respectively.

2.

Assessee through its Authorized Representative filed a letter dated 21st January, 2021 and requested for withdrawal of all these appeals. Contents of the letter in ITA.No. 2178/Mum/2016 are as under: - “Sub: Withdrawal of appeal under ITAT Appeal No.2178//Mum/16 for A.Y. 2011-12. Pursuant to settlement of Dispute under the Direct Taxes –Vivad Se Vishwas Scheme, 2020- Dt of hearing 3rd Feb 2021. With reference to the above and under instructions from our above client we submit as under:

1. 1. The Appellate assesse has opted for settlement of dispute forming the subject matter of the aforesaid Appeal under the Direct Taxes - Vivad Se Vishwas Act, 2020.

2. Pursuant to the assesse’s application the CIT (Exemption), Mumbai, has issued Certificate dated 30th December, 2020 in Form No.3 under Section 5(1) of the Direct Tax - Vivad Se Vishwas Scheme, 2020.

3. As required under the said Act, the Appellant Assessee hereby withdraws the aforesaid Appeal and request you to kindly pass appropriate Orders for uploading on the Income Tax Portal. Form -

3 7013 & 7014/MUM/2016 (A.Ys: 2011-12, 2012-13 & 2013-14) The Indian Association of Amusement Parks & Industries 1 and Form -3 under the Direct Taxes Vivad Se Vishwas Rules, 2020 are enclosed. 4. We also enclose a copy of the letter from the appellant to that effect”

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 these appeals. Accepting the request of the assessee for withdrawal of appeals, these appeals are dismissed as withdrawn.

4.

In the result, appeals of the assessee are dismissed as withdrawn.

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