M/S NAHAR GEMS,MUMBAI vs. ACIT 19(2)(4), MUMBAI

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ITA 3758/MUM/2019Status: DisposedITAT Mumbai20 January 2021AY 2011-122 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The Tribunal dismissed the appeal as withdrawn, allowing the assessee to seek restoration if the declaration under the Vivad Se Vishwas Scheme is not accepted.

What were the facts?

The assessee filed an appeal before the ITAT. The assessee subsequently opted for the Direct Tax Vivad Se Vishwas Scheme, 2020 and filed the necessary declarations.

What were the issues?

The primary issue was the withdrawal of the appeal due to the assessee opting for the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Shri Kapil Jain-Ld. AR
For Respondent: Shri Tharian Oommen- Ld. DR

Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by assessee for Assessment Year 2011-12, contests the order of learned first appellate authority on certain grounds.

2.

The Ld. Counsel for assessee, at the outset, placed on record letter dated 19/01/2021 and submitted that the assessee has already opted for Direct Tax Vivad Se Vishwas Scheme (VVS Scheme), 2020 and filed requisite declarations therein. The Ld. AR also submitted that the appeal may be dismissed as withdrawn but 2 Nahar Gems Assessment Year: 2011-12 with a liberty to assessee to seek restoration in case the aforesaid declaration is not accepted. The Ld. DR did not object to the same.

3.

In view of foregoing, the appeal stands dismissed as withdrawn with a liberty to assessee to seek restoration of this appeal in case the aforesaid declaration filed under the scheme is not accepted, for whatever reasons.

The appeal stands dismissed as withdrawn.

4.

Order pronounced on 20th January, 2021. (Mahavir Singh) (Manoj Kumar Aggarwal) उपा"" / Vice President लेखा सद" / Accountant Member मुंबई Mumbai; िदनांक Dated : 20/01/2021 Sr.PS, Jaisy Varghese आदेशकी"ितिलिपअ"ेिषत/Copy of the Order forwarded to : अपीलाथ"/ The Appellant

1.

""थ"/ The Respondent 2. आयकरआयु"(अपील) / The CIT(A) 3. आयकरआयु"/ CIT– concerned 4. िवभागीय"ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 5. गाड"फाईल / Guard File 6. आदेशानुसार/ BY ORDER, उप/सहायक पंजीकार (Dy./Asstt.

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