What did the Tribunal hold?

The Tribunal noted that the assessee had settled the dispute under the Vivad Se Vishwas Scheme and requested to withdraw the appeal. The Tribunal accepted the request.

The assessee filed an appeal before the ITAT. Subsequently, the assessee filed an application under the Vivad Se Vishwas Act, 2020, which was accepted by the designated authority.

What were the issues?

Whether the appeal should be withdrawn by the assessee due to settlement under the Vivad Se Vishwas Act.

Shri Alok Nanda vs ITO | ITAT Mumbai 2021

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI C.N. PRASAD, HONBLE & SHRI N.K. PRADHAN, HONBLEShri Alok Nanda v.

For Appellant: Shri Hiten Chande

For Respondent: Ms. Smita Verma

Hearing: 11.01.2021Pronounced: 11.01.2021

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)–53, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 19.07.2018 for the A.Y. 2013-14.

Assessee through its Authorized Representative filed a letter dated 11th January, 2021 and submitted as under: - “We refer to the Income-tax appeal filed by our client and posted for hearing before your honours.

(A.Y: 2013-14) Shri Alok Nanda In this regard, we would like to inform your honors that the client had filed an application dated 4 November 2020 under Vivad Se Vishwas Act, 2020 ("VSV Act") for the aforesaid appeal. The designated authority has accepted the application of the assessee and has issued Form - 3 under VSV Act settling the dispute involved in the aforesaid appeal (Annexure - 1). In view of the above, we request your honours to allow us to withdraw the aforesaid appeal to enable us to complete further formalities under the VSV Act.”

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 Accepting the request of the assessee for withdrawal of appeal, this appeal is dismissed as withdrawn.

In the result, appeal of the assessee is dismissed as withdrawn.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 on 11.01.2021 as per Rule 34(4) of ITAT Rules by placing the pronouncement list in the notice board.

SHRI ALOK NANDA,MUMBAI vs. INCOME TAX OFFICER WARD 19(1)(1), MUMBAI

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