M/S NILESH METAL COMPANY,MUMBAI vs. ITO - 19(3)(1), MUMBAI

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ITA 3835/MUM/2019Status: DisposedITAT Mumbai01 December 2020AY 2009-103 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 allowed the assessee to withdraw the appeal. Liberty was granted to revive the appeal if the 'Viwad Se Vishwas Scheme' application fails to mature.

What were the facts?

The assessee filed an appeal before the ITAT for the assessment year 2009-10. The assessee sought to withdraw the appeal as they were opting for the 'Viwad Se Vishwas Scheme, 2020'. The revenue had no objection.

What were the issues?

Whether the assessee can withdraw their appeal to avail the benefit of the 'Viwad Se Vishwas Scheme' and if liberty can be granted to revive the appeal.

AI-generated summary — verify with the full judgment below

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

Before: SHRI VIKAS AWASTHY

For Appellant: Ms. Pooja C
For Respondent: Shri Sanjay J. Sethi

आदेश/ ORDER

1.

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-7, Mumbai ( in short ‘the CIT(A)’) dated 03/05/2019 for the assessment year 2009-10.

2.

Ms. Pooja C, appearing on behalf of the assessee submitted that the assessee is opting for ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’) therefore, this appeals may be dismissed as withdrawn at this stage. The liberty may be provided to the assessee to revive the appeal in case the matter fails to mature under ‘VSVS’.

3.

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

4.

Heard. In view of the above statement made by ld. Authorized Representative for the assessee, the assessee is allowed to withdraw appeal at this stage. Thus, the appeal of assessee is dismissed as withdrawn.

5.

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]

6.

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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