What did the Tribunal hold?

The assessee requested to withdraw the appeal in light of opting for the VSV Scheme. The Tribunal accepted the request and dismissed the appeal as withdrawn.

The assessee filed an appeal before the ITAT. Subsequently, the assessee opted for the Vivad se Vishwas (VSV) Scheme and filed the necessary forms.

What were the issues?

Whether the appeal should be withdrawn due to the assessee opting for the Vivad se Vishwas Scheme.

Prakash Sohanlal Soni vs CIT(A) | ITAT Mumbai 2021

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI C.N. PRASAD, HONBLEShri Prakash Sohanlal Soni v. Shri Sanjay J. Sethi

For Respondent: Shri Sanjay J. Sethi

Hearing: 20.01.2021Pronounced: 20.01.2021

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

This appeal is filed by the assessee against order of the Learned Commissioner of Income Tax (Appeals)–26, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 11.04.2019 for the A.Y. 2011-12.

Assessee through its Authorized Representative filed a letter dated 19th January, 2021 and submitted as under: -

(A.Y: 2011-12) Shri Prakash Sohanlal Soni “With reference to the above and under the instruction from our abovenamed client we state that, the above appeal was filed and is pending before your honour. However, our client had opted for the Vivad se Vishwas (VSV) Scheme as provided in the Vivad Se Vishwas Act 2020. Accordingly, in view of the same, our client had already filed Form 1 and Form 2 of VSV Scheme and have received Form 3 from the Designated Authority vide Certificate Number 797785920091220, dated 09/12/2020. As provided in the VSV Scheme, our abovenamed client gives his consent to withdraw the aforementioned appeal. Therefore we request you to kindly consider the request for withdrawal and acknowledge the same. We are enclosing herewith Form 3 received from the Designated Authority for your kind and ready reference.”

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 requested for withdrawal of the appeal. Accepting the request of the assessee for withdrawal of appeal, this appeal is dismissed as withdrawn.

In the result, appeal of the assessee is dismissed as withdrawn.

Order pronounced in virtual court on 20.01.2021.

PRAKASH SOHANLAL SONI,MUMBAI vs. CIT (A)-26, MUMBAI

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