RABO INDIA FINANCE LTD,MUMBAI vs. ADDL CIT RG 1(3), MUMBAI

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ITA 1177/MUM/2014Status: DisposedITAT Mumbai20 January 2021AY 2009-103 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeals as withdrawn, acknowledging the assessee's decision to settle the disputes under the Vivad se Vishwas Act. Liberty was granted to seek restoration if the applications were not accepted.

What were the facts?

The assessee, Rabo India Finance Limited, had filed multiple appeals for various assessment years. The assessee opted to settle the disputes by filing applications under the Direct Tax Vivad se Vishwas Act, 2020.

What were the issues?

The primary issue was the pendency of appeals before the Tribunal when the assessee chose to settle the matter under a specific tax settlement scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “J” BENCH, MUMBAI

Before: SHRI PRAMOD KUMAR & SHRI SAKTIJIT DEY

For Appellant: Shri Percy Pardiwalla (AR)
For Respondent: Shri A Mohan [CIT (DR)], Shri P.J. Pardiwalla (AR), Shri S.S. Iyengar (DR)

O R D E R Per Bench, These appeals by the assessee pertain to assessment years 2006-07, 2008-09, 2009-10, 1010-11 and 2011-12.

2.

Shri Percy Pardiwalla, learned Senior Counsel appearing for the assessee , at the outset, submitted that the assessee has opted for settling the dispute arising in these appeals by filing applications under the Direct Tax “Vivad se Vishwas Act, 2020”. In support, copies of Form No.1 and 2 were submitted before us. On a suggestion from the Bench, the learned Counsel fairly accepted that the appeals may be dismissed as withdrawn, however, the assessee may be granted liberty to seek restoration of the appeals if, due to some unforeseen reasons, the applications filed under the “Vivad se Vishwas Act, 2020” are not accepted by the department. The Learned Departmental Representative did not have any objection to the aforesaid submission.

3.

Having heard the parties and considering the fact that the assessee has already applied for settling the dispute arising in the present appeals under the “Vivad se Vishwas Act, 2020”, we are inclined to dismiss these appeals as withdrawn. However, in the unlikely event of assessee’s application filed under the “Vivad se Vishwas Act, 2020” being not accepted by the department, liberty is granted to the assessee to seek recall of this order and restoration of the appeals.

4.

In the result, appeals filed by the assessee are dismissed with the aforementioned liberty.

3 Rabo India Finance Limited

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