What did the Tribunal hold?

The Tribunal noted that the Vivad Se Vishwas Act provides a mechanism for resolving tax disputes. Following precedent, the Tribunal allowed the assessee to withdraw the appeal.

The assessee filed an appeal before the ITAT for assessment year 2015-16. The assessee had filed a declaration under the Direct Tax Vivad Se Vishwas Act, 2020, and sought to withdraw the appeal.

What were the issues?

Whether the assessee can withdraw the appeal filed before the ITAT after opting for the Vivad Se Vishwas scheme.

Indigo Flavours Pvt. Ltd. vs ACIT | ITAT Mumbai 2020

Income Tax Appellate Tribunal, MUMBAI BENCH “C” MUMBAI

Before: SHRI VIKAS AWASTHY & SHRI N.K. PRADHAN

For Appellant: Mr. Jas Sanghvi, AR

For Respondent: Ms. Shreekala Pardeshi, DR

Hearing: 22/12/2020

ORDER PER N.K. PRADHAN, A.M.

This is an appeal filed by the assessee. The relevant assessment year is 2015-16. The appeal is directed against the order of the Commissioner of Income Tax (Appeals)-2, Mumbai [in short ‘CIT(A)’] and arises out of the assessment completed u/s 143(3) the Income Tax Act 1961, (the ‘Act’).

The Ld. counsel for the appellant submits that the assessee has filed necessary declaration under “Direct Tax Vivad Se Vishwas Act, 2020” (in short ‘VSV Act’). It is further stated that the assessee may be allowed to withdraw the above appeal with liberty to restore the same, in the event, the declaration is rejected by the designated authority.

The Ld. DR has no objection to the above.

We have heard the rival submissions and perused the relevant materials on record. The Government of India enacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act No. 3 of 2020) to provide for resolution of disputed tax and for matter connected therewith or incidental thereto. The Act of the Parliament received the assent of the President on 17.03.2020 and published in the Gazette of India on 17.03.2020. In terms of the said Act, the assessee has been given an option to put an end to the tax disputes, which may be pending at different levels either before the First Appellate Authority or before the Tribunal or before the High Court or before the Supreme Court of India.

Considering the submissions of the Ld. counsels appearing for the parties and keeping in view the decision of the Hon’ble Madras High Court in the case of M/s Nannusamy Mohan (HUF) v. ACIT (TCA No. 372 of 2020, order dated 16.10.2020), we are inclined to dismiss this appeal as withdrawn. However, liberty is granted to the assessee to seek the restoration of this appeal in the event the declaration filed under the aforesaid Act is not accepted by the Department. It is further made clear, in such eventuality, if the assessee seeks restoration of this appeal by filing miscellaneous application, the delay if any would be condoned without insisting upon filing any application for condonation of delay.

In the result, the appeal is dismissed as withdrawn, subject to the observation above.

Order pronounced in the open Court on 22/12/2020.

INDIGO FLAVOURS PVT. LTD.,MUMBAI vs. ACIT 1 (2)(1), MUMBAI

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