HAZEL MERCANTILE LTD,MUMBAI vs. DCIT CC 5(1), MUMBAI

ITA 1905/MUM/2019Status: DisposedITAT Mumbai06 January 2021AY 2016-173 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 acknowledged the assessee's application under the 'Vivad se Vishwas Scheme' and, in the absence of any objection from the Revenue, decided to treat the appeal as withdrawn. The assessee was granted liberty to seek restoration of the appeal if the scheme application did not reach a logical conclusion.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee filed an application under the 'Vivad se Vishwas Scheme' to settle its tax dispute for the assessment year in question.

What were the issues?

The primary issue was whether the appeal should be withdrawn due to the assessee's participation in the 'Vivad se Vishwas Scheme'.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI M.BALAGANESH, AM & SHRI PAVAN KUMAR GADALE, JM

For Appellant: Ms. Vinita Shah

For Respondent: Shri Gurbinder Singh

Hearing: 06/01/2021Pronounced: 06/01/2021

आदेश / O R D E R PER M. BALAGANESH (A.M):

This appeal in A.Y.2016-17 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-53, Mumbai in appeal No.CIT(A)-53/IT-525/DCCC-5(1)/2017-18 dated 25/01/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 29/12/2017 by the ld. Dy. Commissioner of Income Tax, Central Circle 5(1), Mumbai (hereinafter referred to as ld. AO).

Assessee vide its authorised representative’s letter dated 05/01/2021, prayed for withdrawal of appeal in . For the sake of convenience, we are reproducing the contents of the said Application as under:-

“Under the instructions and for and on behalf of our client above named, we have to humbly submit that Appellant had filed application under Viwad se Vishwas Scheme for the said assessment year. The said application form is being attached for your Honour ready reference and records. Hence, in view of the said application being filed under the Viwad se Vishwas Scheme, the Appellant prays that the said appeal filed and being pending for disposal may kindly be treated as withdrawn by the Appellant, subject to the final acceptance of the said application by Department filed under the Viwad se Vishwas Scheme. Hence, we request Your Honour to kindly treat this letter as suitable petition for withdrawal of the appeal for said assessment year. Inconvenience caused to Your Honour in this matter is highly regretted.”

Ld. DR has not raised any objection.

We have heard both the parties and perused the records, especially the Application for withdrawal of the Appeal. We find that assessee had preferred application under ‘Vivad se Vishwas Scheme-2020’ to settle its tax dispute for the impugned assessment year. Hence, there is no point in keeping this appeal pending in view of the decision of the Hon’ble Madras High Court in the case of Nannusamy Mohan (HUF) vs. ACIT in T.C.A. No.372 of 2020 dated 16.10.2020. Accordingly, we treat this appeal of the assessee as withdrawn giving liberty to the assessee that in case if the declaration filed by it under ‘Vivad Se Viswas Scheme-2020’ does not attain logical conclusion for any reason whatsoever, then this appeal shall get restored to its original form based on the application preferred by the assessee in this regard. With aforesaid observations, this appeal of the assessee is dismissed as withdrawn.

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

Order pronounced in the open Court on 06/01/2021.

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