What did the Tribunal hold?

The Tribunal dismissed the appeal as withdrawn, granting liberty to the assessee to seek revival of the appeal if the Vivadh se Vishwas application was not accepted.

The assessee filed an appeal against an order of the CIT(A). The assessee had also filed an application under the Direct Tax Vivadh se Vishwas Act, 2020 and was awaiting further processing.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivadh se Vishwas Act, with a provision for revival.

Sonal Ravindra Shah vs ACIT | ITAT Mumbai 2021

Income Tax Appellate Tribunal, “G” BENCH, MUMBAI

Before: SHRI PRAMOD KUMAR & SHRI SAKTIJIT DEY

For Appellant: Shri Hiral Shah

For Respondent: Shri T.S. Khalsa Sr DR

Date of hearing 21-01-2021 Date of Pronouncement 21 /01/2021 O R D E R Per Bench

This is an appeal by the assessee against order dated 18-12-2018 of learned Commissioner of Income Tax (Appeals)-29, Mumbai for the assessment year 2015-16.

The learned Counsel for the assessee submitted, the assessee has already filed an application under the Direct Tax Vivadh se Vishwas Act, 2020 and is awaiting form No.3 from the designated authority. A letter dated 18-01-2021 stating the aforesaid facts has also been filed before us. On a suggestion from the bench, the learned Counsel for the assessee fairly accepted to withdraw the appeal as long as the right of the assessee for revival of the appeal is protected. The learned Departmental Representative did not object to the aforesaid submission of the assessee.

3. Having considered rival submissions and the fact that the assessee has applied for settling the dispute arising in the present appeal under the Direct Tax Vivadh se Vishwas Act, 2020, we are inclined to dismiss this appeal as withdrawn. However, in the unlikely event of assessee’s application under the Direct Tax Vivadh se Vishwas Act, 2020 being not accepted by the designated authority, liberty is granted to the assessee to seek recall of this order and restoration of this appeal.

In the result, appeal is dismissed with the aforementioned liberty.

SONAL RAVINDRA SHAH,MUMBAI vs. ACIT CIRCLE-18(3), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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