What did the Tribunal hold?

The tribunal allowed the assessee's request to withdraw the appeals as the assessee had opted for the 'Vivad Se Vishwas Scheme'. Liberty was granted to revive the appeals if the scheme application failed.

The assessee opted for the 'Vivad Se Vishwas Scheme' and filed declarations for assessment years 2009-10 and 2010-11. The assessee requested to withdraw the appeals pending before the tribunal.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the 'Vivad Se Vishwas Scheme'.

M/S Metal Junction vs ITO | ITAT Mumbai 2021

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

Before: SHRI VIKAS AWASTHY

For Appellant: Shri Rushabh Mehta

For Respondent: Shri Sanjay J Sethi

आदेश/ ORDER These two appeals by the assessee are directed against the orders of Commissioner of Income Tax (Appeals)-18, Mumbai ( in short ‘the CIT(A)’) for the assessment years 2009-10 and 2010-11, respectively. Both the impugned orders are of even date i.e. 14/03/2019.

Shri Rushabh Mehta, authorized representative of the assessee has filed a letter dated 05/01/2021 intimating that the assessee has opted for ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’) and has made declaration in the prescribed Form No. 1 & 2, hence, the assessee wants to withdraw the appeals. The relevant extract of the letter is reproduced herein below:

“Dear Sir,

Reg: (A.Y. 2009-10) and (A.Y. 2010-11} PAN: AANFM3000D Date of Hearing - 05.01.2021 Sub: Withdrawal of appeal subject to VSVS form being processed With reference to the above captioned appeals hearing of which is fixed today i.e. 05.01.2021; I, the authorized representative of the appellant, wish to submit as under:-

It may please be noted that in regard to both the aforesaid appeals i.e. for A.Y. 2009-10 and 2010-11, the appellant has filed the Form no. 1 and 2 under the Direct Tax Vivad Se Vishwas Scheme (for short, DTVSVS) and is presently awaiting the Form no. 3. Accordingly, I wish to withdraw the said appeals subject to the fact that the appellant is allowed the benefit under the DTVSVS.

In view of the above, I humbly request Your Honour to dismiss my appeals as withdrawn with a liberty to revive these appeals in case my application under the DTVSVS for these years is later rejected for whatever reasons.

Thanking you, Yours faithfully, For Metal Junction Sd/- CA Rushabh Mehta”

Shri Sanjay J Sethi, representing the Department stated that the Department has no objection if the assessee wants to withdraw appeals to avail the benefit of ‘VSVS’.

Heard. In view of the fact that the assessee has opted for VSVS, and wants to withdraw appeals, the appeals by assessee are dismissed as withdrawn at this stage.

Liberty is granted to the assessee to revive the appeals in the event application filed by the assessee under VSVS fails to mature. It is further made clear that if the assessee /appellant seeks to restore the appeal in the event assessee’s declaration made under VSVS is not accepted, the Registry shall not insist for filing of application for condonation of delay, if the Miscellaneous Application for recalling the order is filed beyond time on account of delay in communication of outcome under VSVS. [ Re. M/s. Nannusamy Mohan(HUF) vs. ACIT in T.C.A No.372 of 2020 decided on 16/10/2020 by Hon’ble Madras High Court]

The appeals of assessee are dismissed as withdrawn with the liberty aforesaid.

Order pronounced in the open Court on Tuesday, the 05th day of January, 2021.

M/S METAL JUNCTION,MUMBAI vs. ITO - WARD - 19(2)(3), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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