WELCOME STORES,MUMBAI vs. INCOME TAX OFFICER 21(3)(5), MUMBAI
What did the Tribunal hold?
The Tribunal allowed the assessee to withdraw the appeal as they opted for the 'Viwad Se Vishwas Scheme'. The appeal was dismissed as withdrawn.
What were the facts?
The assessee filed an appeal before the ITAT. Subsequently, the assessee applied for the 'Viwad Se Vishwas Scheme, 2020' and requested to withdraw the appeal.
What were the issues?
Whether the assessee can withdraw their appeal 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
This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-48, Mumbai ( in short ‘the CIT(A)’) dated 30/08/2018 for the assessment year 2011-12.
The assessee vide letter dated 6th November, 2020 submitted that the 2. assessee is opting for ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’) therefore, the assessee wants to withdraw the appeal. The contents of the letter reads as under:-
“ The Hon’ble Members, Income Tax Appellate Tribunal, SMC Bench, Mumbai.
Dear Sir,
Ref:- Welcome Stores- Appeal No.ITA 6705/Mum/2018 Sub:- Withdrawal of Appeal. With reference to above, I have to state that we have applied under ‘Viwad Se Vishwas Scheme on 04/11/2020 vide receipt No. 699250500041120.
In the circumstances, we here by withdraw our appeal.
Thanking your, Yours faithfully, For Welcome Stores Sd/- Authorized Signatory.”
Shri Sanjay J. Sethi, representing the Department stated that the Department has no objection if the assessee wants to withdraw the appeals to avail the benefit of ‘VSVS’.
In view of the above request of the assessee, the assessee is allowed to withdraw the appeal. Thus, the appeal of assessee is dismissed as withdrawn.
Liberty is granted to the assessee to restore the appeal 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 delayed 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 appeal of assessee is dismissed as withdrawn with the liberty aforesaid.
Order pronounced on Tuesday the 1st day of December, 2020.
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