ASUS TECHNOLOGY P LTD,MUMBAI vs. DCIT CIR 9(1)(2), MUMBAI

PDF · subscribers
ITA 5366/MUM/2015Status: DisposedITAT Mumbai06 January 2021AY 2011-123 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 permitted the assessee to withdraw the appeals as they had opted for the Vivad se Vishwas Scheme. The Departmental Representative did not object to this request.

What were the facts?

The assessee company, Asus Technology Pvt. Ltd., had filed appeals for assessment years 2011-12 to 2013-14. The assessee opted for the 'Vivad se Vishwas Scheme, 2020' and submitted a certificate issued by the designated authority.

What were the issues?

Whether the appeals can be withdrawn by the assessee due to opting for the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 5

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “K” Bench, Mumbai

Before: Shri S. Rifaur Rahman & Shri Ravish Sood

For Appellant: Shri Lalchand Choudhary, A.R
For Respondent: Shri Anand Mohan &
Hearing: 06.01.2021Pronounced: 06.01.2021

(Appellant) (Respondent) Appellant by: Shri Lalchand Choudhary, A.R Respondent by: S/Shri Anand Mohan & Sushil Kumar Mishra, D.Rs Date of Hearing: 06.01.2021 Date of Pronouncement: 06.01.2021 O R D E R PER BENCH: The captioned appeals filed by the assessee company are directed against the respective orders passed by the A.O under Sec. 143(3) r.w.s 144C(13) of the Income Tax Act, 1961(for short „Act‟) for A.Y. 2011-12, A.Y. 2012-13 and A.Y. 2013-14.

2.

The ld. Authorized Representative (for short „A.R‟) for the assessee at the very outset of the hearing of the appeal submitted that as the assessee company for the aforementioned appeals had opted for “Vivad se Vishwas Scheme, 2020”, therefore, as per instructions it is requested that the said appeals may be allowed to be withdrawn. The ld. A.R took us through the letter that was filed with the Tribunal on 05/06.01.2021 requesting for permission for withdrawal of the aforementioned appeals. It was further submitted by the ld. A.R that “Form 3”, dated 28.12.2020 i.e Certificate under sub-section (1) of Sec. 5 of the Direct Tax Vivad Se Vishwas Act, 2020 had been issued to the assessee by the designated authority. Our attention was drawn by the ld. A.R to the scanned copies of “Form 3” that had been issued to the assessee by the designated authority for the aforementioned years under consideration. In the backdrop of the aforesaid facts the ld. A.R sought liberty for withdrawing the aforementioned appeals.

3.

Per contra, the ld. Departmental Representative (for short „D.R‟) did not raise any objection to the aforesaid request of the counsel for the assessee for withdrawing the abovementioned appeals.

7025/Mum/2016 & 4916/Mum/2017 3 A.Ys. 2011-12 to 2013-14, Asus Technology Pvt. Ltd. Vs. The DCIT, Circle 9(1)(2)

4.

In the backdrop of the aforesaid facts, we herein permit the assessee appellant to withdraw the aforementioned appeals viz. (i) A.Y.2011-12; (ii) for A.Y. 2012- 13; and (iii) ITA No. 4916/Mum/2017 for A.Y. 2013-14.

5.

Resultantly, the captioned appeals filed by the assessee are dismissed as withdrawn.

Order pronounced in the open court on 06.01.2021

More judgments on Section 5

All 847 judgments and leading authorities on Section 5 →

Recent GST High Court judgments

Search GST case law →