What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeal. Liberty was granted to seek restoration if the Vivad Se Vishwas application was not accepted, with delay to be condoned.

The assessee sought to withdraw the appeal before the ITAT because they had applied for settlement of the tax dispute under the Vivad Se Vishwas Tax Scheme, 2020. The Departmental Representative had no objection to the withdrawal.

What were the issues?

Whether an appeal can be withdrawn by the assessee due to opting for the Vivad Se Vishwas scheme, and the conditions for restoration.

Shri. Suresh Krishna Shetty vs ITO | ITAT Mumbai 2020

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: SHRI SAKTIJIT DEY

For Respondent: Shri Sanjay J. Sethi

The aforesaid appeal has been filed by the assessee challenging the order dated 11th February 2019, passed by the learned Commissioner of Income Tax (Appeals)–40, Mumbai, pertaining to the assessment year 2014–15.

The assessee has filed a letter dated 23rd November 2020, before 2. the Registry of the Tribunal seeking withdrawal of the appeal in view of the fact that he has applied for settling the tax dispute under the Vivad Se Vishwas Tax Scheme, 2020. The letter submitted by the assessee is 2 Shri Suresh Krishna Shetty accompanied by the acknowledgement in Form–I and II of the declaration filed under the aforesaid scheme. The aforesaid letter and the declarations are kept on record. 3. The learned Departmental Representative has no objection for withdrawal of the appeal by the assessee.

Heard the learned Departmental Representative and perused material on record. Considering the fact that the assessee has sought withdrawal of the present appeal as he has applied for settling the dispute under Vivad Se Vishwas Scheme, 2020, I permit the assessee to withdraw the appeal at this stage. However, liberty is granted to the assessee to seek restoration of this appeal in the event the application filed under Vivad Se Vishwas Tax Scheme is not accepted by the Department. It is further made clear, in such eventuality if the assessee seeks restoration of the present appeal by filing misc. application, the delay, if any, should be condoned without insisting upon filing any application for condonation of delay. This is in view of the decision of the Hon’ble Madras High Court in order dated 16th October 2020, delivered in M/s. Nannusamy Mohan (HUF) v/s ACIT, TCA no.372 of 2020. With the aforesaid observations, the appeal is dismissed as withdrawn.

3 Shri Suresh Krishna Shetty

In the result, appeal is dismissed. Order pronounced in the open court on 24.11.2020.

SHRI. SURESH KRISHNA SHETTY,MUMBAI vs. ITO 29(3)(4), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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