SYBASE SOFTWARE (I) P.LTD,MUMBAI vs. DCIT 10(1), MUMBAI

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ITA 719/MUM/2013Status: DisposedITAT Mumbai16 December 2020AY 2008-093 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The Tribunal dismissed the appeal as withdrawn, allowing the assessee to pursue resolution under the Vivad Se Vishwas Act. The assessee was granted liberty to revive the appeal if the matter was not settled under the scheme.

What were the facts?

The assessee's appeal was pending before the ITAT. The assessee expressed interest in opting for the Direct Tax Vivad Se Vishwas Act, 2020, to resolve the tax dispute.

What were the issues?

The primary issue was the assessee's intention to settle the tax dispute under the Vivad Se Vishwas Act, leading to the withdrawal of the appeal.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “J” MUMBAI

Before: SHRI SAKTIJIT DEY & SHRI N.K. PRADHAN

For Appellant: Ms. Shreya Jain, AR
For Respondent: Ms. Sunita Billa, CIT-DR
Hearing: 16/12/2020Pronounced: 16/12/2020

ORDER PER N.K. PRADHAN, A.M.

The appeal filed by the assessee is directed against the order passed by the Deputy Commissioner of Income Tax, 10(1), Mumbai u/s 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961 (the Act).

2.

The Ld. counsel for the appellant/assessee submits that they are in the process of evaluating whether to opt for the scheme under Direct Tax Vivad Se Vishwas Act, 2020.

In response to the suggestion from the Bench, the Ld. counsel fairly accepts that they have no objection to the appeal being dismissed as 2 Sybase Software (India) Pvt. Ltd. withdrawn as long as their right for revival of the appeal is protected, in the event of some unfortunate reason, the matter being not settled under the above Scheme.

The Ld. DR has no objection to the above.

3.

We have heard the rival submissions and perused the relevant materials on record. The Government of India enacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act No. 3 of 2020) to provide for resolution of disputed tax and for matter connected therewith or incidental thereto. The Act of the Parliament received the assent of the President on 17.03.2020 and published in the Gazette of India on 17.03.2020. In terms of the said Act, the assessee has been given an option to put an end to the tax disputes, which may be pending at different levels either before the First Appellate Authority or before the Tribunal or before the High Court or before the Supreme Court of India.

In view of the above, we dismiss the appeal as withdrawn, subject to the rider that in the unlikely event of matter not being resolved under the above Scheme, the assessee shall have liberty to approach the Tribunal for restoration of its appeal.

4.

In the result, the appeal is dismissed as withdrawn, subject to the observation above.

Order pronounced in the open Court on 16/12/2020.

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