M/S. SHREENATH ENTERPRISES,MUMBAI vs. ACIT,18(3), MUMBAI

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ITA 280/MUM/2019Status: DisposedITAT Mumbai28 December 2020AY 2011-124 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeals. The appeals were dismissed as withdrawn, with liberty granted to revive them if the VSVS application fails.

What were the facts?

The assessee requested to withdraw their appeals for AYs 2011-12 and 2012-13 as they had opted for the 'Vivad se Vishwas Scheme, 2020'. The Department had no objection to this request.

What were the issues?

Whether the assessee can withdraw appeals to avail the benefit of the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: SHRI VIKAS AWASTHY

Hearing: 28.12.2020Pronounced: 28.12.2020

Heard together (2 matters)

ITA No. 280/Mum/2019
ITA No. 281/Mum/2019

Read from the judgment's own cause title. This page is filed under one of them.

आदेश / O R D E R These appeals by the assessee are directed against the orders of Commissioner of Income Tax (Appeals)-48, Mumbai [in short ‘the

2.

A request letter dated 28.12.2020 has been received from the assessee stating that the assessee has opted for ‘Viwad Se Vishwas Scheme, 2020’ (in short ‘VSVS’) and hence, want to withdraw appeals for both the Assessment Years i.e. AY 2011-12 & 2012-13. The relevant extract of the aforesaid letter is reproduced herein below:

1.

“Re: Appeal No. ITA/280/Mum/2019 and ITA/281/Mum/2019 P.A.N. AACFS2959Q Assessment year: 2011-12 and Assessment year 2012-13 This is with reference to our above appeals and accordingly we would like to submit as follow: We have decided to opt “VIVAD Se Vishwas Scheme 2020” and already submitted From No. 1 and 2 on 27th December, 2020 for Assessment Year 2011- 12. The copy of the acknowledgement for the same is enclosed for your kind reference. For Assessment Year 2012-13, the issues covered in the appeal are identical to Assessment Year 2011-12 and we are in the process of submitting the application under “Vivad se Vishwas Scheme 2020” for the said assessment year also. Accordingly, we will be withdrawing both the above appeals after receipt of certificate in Form No. 3 from the appropriate authority under the said “Vivad se Vishwas Scheme 2020” In view of above, we request you to grant suitable adjournment in the matter. Thanking you and assuring of our cooperation at all times. Yours faithfully For Shreenath Enterprises Sd/- (Account Manager)”

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