SS FILTERS PRIVATE LIMITED,MUMBAI vs. ITO, 15(3)(2), MUMBAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal dismissed the appeal as withdrawn, noting the assessee's application under the Vivad se Vishwas Act. Liberty was granted to seek restoration if the application is not accepted.
What were the facts?
The assessee filed an appeal against the CIT(A)'s order. The assessee subsequently submitted a letter stating they had applied for dispute settlement under the Direct Tax Vivad se Vishwas Act, 2020.
What were the issues?
Whether the appeal should be dismissed as withdrawn due to the assessee opting for dispute resolution under the Vivad se Vishwas Act.
Which sections of the Income-tax Act were involved?
Direct Tax Vivad se Vishwas Act, 2020
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCHES “SMC”, MUMBAI
Before: SHRI SAKTIJIT DEY (JM)
O R D E R
PER SAKTIJIT DEY, JM
This is an appeal by the assessee against the order dated 13.12.2018 of learned Commissioner of Income Tax (Appeals) – 24, Mumbai for the assessment year 2015-16.
When the appeal was called for hearing in virtual court, no one was present on behalf of the assessee. However, the assessee has filed a letter dated 09.12.2020 stating that application has been submitted before the designated authority for settling the dispute arising in the present appeal under the Direct Tax Vivad se Vishwas Act, 2020. 3. I have heard the learned Departmental Representative and perused the material on record. As could be seen from the letter dated 09.12.2020 filed by the assessee kept on record, the assessee has filed declaration in Form No. 1 & 2 of the Direct Tax Vivad se Vishwas Act, 2020 for settling the dispute arising in the present appeal. Copy of the application has been submitted before the Assessment Year: 2015-16 Registry. Considering the fact that the assessee has filed application for settling dispute under Vivad se Vishwas Act, 2020, I am inclined to dismiss the appeal as withdrawn. However, liberty is granted to the assessee to seek restoration of this appeal in the event the application under the Vivad se Vishwas Act, 2020 is not accepted by the Department. 4. In the result, appeal is dismissed with the aforementioned liberty.
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