SHAPOORJI PALLONJI FORBES SHIPPING LTD (FORMERLY KNOWN AS SCI FORBES LTD),MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX 5(3)(1), MUMBAI

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ITA 5474/MUM/2019Status: DisposedITAT Mumbai21 January 2021AY 2013-143 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 The appeal was dismissed as withdrawn based on the assessee's participation in the Vivad Se Vishwas scheme.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 against an assessment order for AY 2013-14. Subsequently, the assessee filed a declaration under the Vivad Se Vishwas Act, 2020, and received a certificate accepting the declaration.

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Whether the appeal should be withdrawn due to the assessee opting for the Vivad Se Vishwas scheme.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 143(3),Section 3,Section 5(1),Section 4(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI C.N. PRASAD, HONBLEShri Sanjay J. Sethi

For Respondent: Shri Sanjay J. Sethi
Hearing: 21.01.2021Pronounced: 21.01.2021

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

1.

This appeal is filed by the assessee against order of the Learned Commissioner of Income Tax (Appeals)–10, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 14.06.2019 for the A.Y. 2013-14.

(A.Y:2013-14) M/s. Shapoorji Pallonji Forbes Shipping Ltd., 2. Assessee through its Authorized Representative filed a letter dated 18th January, 2021 and submitted as under: - “This is with reference to the above mentioned appeal which is pending before 'SMC Bench. The Appellant has challenged the assessment order u/s. 143(3) of the Act dated 09.03.2016, passed by the Income Tax Officer-5(3)(2), Mumbai, for the assessment year 2013-14. The appeal was filed with the Hon'ble Income Tax Appellate Tribunal on 22nd August 2019. In the meantime, the Legislature has enacted The Direct Tax Vivad Se Vishwas Act, 2020 (the said Act) to provide for resolution of disputed tax, and the matters connected therewith and incidental thereto. The Appellant had filed a declaration under section 3 of the said Act on 18th December, 2020 before the designated authority in Form 1 and 2 (copy enclosed). The designated authority has issued a certificate under section 5(1) of the said Act in Form 3 (copy enclosed) on 23rd December, 2020. The Appellant is required under section 4(3) of the said Act, to withdraw the aforesaid appeal and furnish the proof of withdrawal along with the intimation of payment, if any, to the designated authority in Form 4. The Appellant, therefore, prays that the above appeal be fixed for hearing and permitted to be withdrawn. The Appellant is presently assessed by the Deputy Commissioner of Income tax, circle-5(3)(l), Mumbai who is under the administrative control of Principal Commissioner of Income-5, Mumbai.”

3.

On a perusal of the above letter of the assessee and the enclosed copies 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

(A.Y:2013-14) M/s. Shapoorji Pallonji Forbes Shipping Ltd., 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 virtual court on 21.01.2021.

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