AJAY CHARANDAS ARORA,MUMBAI vs. ITO, DCIT CC- 3, 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 allowed the assessee's request to withdraw the appeals. Liberty was granted to revive the appeals if the application under the 'Viwad Se Vishwas Scheme' was not accepted.
What were the facts?
The assessee wished to withdraw their appeals before the ITAT to opt for the 'Viwad Se Vishwas Scheme, 2020'. The revenue had no objection to this request.
What were the issues?
Whether the assessee should be allowed to withdraw their appeals to avail the benefit of the 'Viwad Se Vishwas Scheme'.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI
Before: SHRI VIKAS AWASTHY
आदेश/ ORDER
These two appeals by the assessee are directed against the orders of Commissioner of Income Tax (Appeals)-47, Mumbai ( in short ‘the CIT(A)’) for the assessment years 2011-12 and 2012-13, respectively. Both the impugned orders are of even date i.e. 27/03/2018.
Shri Rahul Hakani, Advocate appearing on behalf of the assessee submitted that the assessee is opting for ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’) therefore, the assessee wishes to withdraw appeals at this stage. The liberty may be granted to the assessee to revive the appeals in case the application filed under ‘VSVS’ is not accepted. The ld. Authorized Representative for the assessee filed letter dated 09/09/2020 from assessee to withdraw the appeals.
Shri Sanjay Sethi, representing the Department stated that the Department has no objection if the assessee wants to withdraw appeals to avail the benefit of ‘VSVS’.
The assessee has filed request letter dated 09/09/2020 to withdraw the appeals, the same reads as under:-
“RE – Ajay Charandas Arora & ITA No.6071/M/2018 Bench – SMC Date of Hearing – 30/12/2020 Sub: Withdrawal of Appeal.
Respected Sir, The Assessee wants to withdraw the Appeal as Assessee is opting for the Vivaad Se Vishwas Scheme. Thanking you,
Yours faithfully Sd/- Ajay Charandas Arora”
In view of above request from assessee, the appeals are dismissed as withdrawn.
Liberty is granted to the assessee to revive 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 appeals 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 are dismissed as withdrawn with the liberty aforesaid.
Order pronounced in the open court on Wednesday the 30th day of December, 2020.
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