ARAMEX INTERNATIONAL LTD,MUMBAI vs. ADIT RG 1(1), MUMBAI

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ITA 7660/MUM/2010Status: DisposedITAT Mumbai14 January 2021AY 2006-072 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The Tribunal dismissed the appeals as withdrawn, subject to the condition that the assessee can seek restoration if the matter is not settled under the Vivad se Vishwas scheme.

What were the facts?

The assessee filed appeals against the CIT(A)'s order for assessment years 2006-07 to 2010-11. The assessee had filed a declaration under the Direct Tax Vivad se Vishwas Act, 2020, and was awaiting resolution under the scheme.

What were the issues?

The primary issue was the pendency of the appeal due to the assessee opting for the Vivad se Vishwas scheme for dispute resolution.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 144C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI “I” BENCH, MUMBAI

1.

These appeals filed by the assessee and the Revenue, calls into question the correctness of the order, passed by the learned CIT(A)-10, Mumbai in the matter of assessment u/s. 143(3) r.w.s. 147/144C of the Income Tax Act, 1961, for the assessment years 2006-07 to 2010-11.

Assessment Years: 2006-07 to 2010-11 Page 2 of 3 2. When these appeals were called out for hearing, the ld. Counsel of the assessee submitted that he has filed the necessary declaration under Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) and is awaiting for final resolution of the matter under the said scheme. He submitted that upon completion of the necessary formalities, he will withdraw the appeal. In response to the suggestion from the Bench, he fairly accepted that he has no objection to the appeal being dismissed as withdrawn as long as his right for revival of the appeal are protected, in the event of, for some unfortunate reason, the matter being not settled under the Vivad se Vishwas scheme.

3.

The ld. DR also did not object to course so suggested.

4.

In view of the above, we dismiss these appeals as withdrawn, subject to be rider that in the unlikely event of matter not being resolved under the Vivad se Vishwas scheme, the assessee shall have liberty to approach the Tribunal for restoration of his appeals.

5.

In the result, the appeals are dismissed as withdrawn – subject to the observation above. Pronounced in the open court today on the 14 January, 2021.

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