BHALANI BIOMEDICALS PVT LTD.,MUMBAI vs. DCIT CC 3 (2), MUMBAI
What did the Tribunal hold?
The Tribunal noted that the matter was settled under the Vivad Se Vishwas Scheme. The Departmental Representative did not oppose the withdrawal. Therefore, the appeal was dismissed as withdrawn.
What were the facts?
The assessee filed an appeal before the ITAT. The assessee subsequently filed a withdrawal letter seeking to withdraw the appeal. The reason for withdrawal was that the matter was settled under the Vivad Se Vishwas Scheme 2020.
What were the issues?
The primary issue was whether an appeal filed before the ITAT should be dismissed as withdrawn when the underlying dispute has been settled under the Vivad Se Vishwas Scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI ‘B’ BENCH, MUMBAI
O R D E R Per Bench:
The assessee has moved petition seeking withdrawal of the appeal on the ground that the matter is settled under Vivad Se Vishwas Scheme 2020.
Learned Departmental Representative does not oppose the prayer so made by the assessee.
There is no dispute that once the matter is resolved under Vivad Se Vishwas Scheme 2020, the related appeal is required to be withdrawn.
In view of the above position, as also bearing in mind entirety of the case, we deem it fit and proper to dismiss the appeal as withdrawn.
In the result, the appeal is dismissed as withdrawn. Pronounced in the open court today on the 27th day of November 2020.
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