MESSERS NATIONAL METAL INDUSTRIES,MUMBAI vs. ITO 19(2)(4), MUMBAI

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ITA 2950/MUM/2019Status: DisposedITAT Mumbai22 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 application under the scheme fails.

What were the facts?

The assessee opted for the 'Vivad se Vishwas Scheme, 2020'. The Department had no objection to the withdrawal of the appeal.

What were the issues?

Whether the assessee can withdraw the appeal 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 & SHRI N.K. PRADHAN

For Appellant: Shri Akash Kumar, AR
Hearing: 22.12.2020Pronounced: 22.12.2020

श्री विकास अिस्थी, न्याययक सदस्य के द्िारा PER VIKAS AWASTHY, JM: This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-3, Mumbai (in short ‘the CIT(A)’) dated 22.12.2018 for the Assessment Year 2009-10. 2. Shri Akash Kumar appearing on behalf of the assessee stated at Bar that the assessee has opted for ‘Viwad Se Vishwas Scheme, 2020’ (in short ‘VSVS’), therefore, the assessee may be permitted to withdraw the appeal with liberty to revive the appeal if the application made under VSVS fails to mature. M/s National Metal Industries, AY: 09-10

3.

Ms. Smita Verma, representing the Department stated that the Department has no objection if the assessee wants to withdraw the appeals to avail the benefit of ‘VSVS’.

4.

In view of above statement made by AR of the assessee, the assessee is allowed to withdraw the appeal. Thus, the appeal of assessee is dismissed as withdrawn.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 delay in 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 the assessee is dismissed as withdrawn with the liberty aforesaid. Order pronounced in the open court on Tuesday the 22nd day of December, 2020. (एन. के. प्रधान / N.K. PRADHAN) (विकास अिस्थी / VIKAS AWASTHY) (लेखा सदस्य / ACCOUNTANT MEMBER) (न्याययक सदस्य / JUDICIAL MEMBER) मुंबई, ददनांक/ Mumbai, Dated: 22.12.2020 सुदीप सरकार, ि. यनजी सचिि/ Sudip Sarkar, Sr.PS M/s National Metal Industries, AY: 09-10

आदेश की प्रतिललपप अग्रेपिि/Copy of the Order forwarded to : 1. अपीलाथी / The Appellant 2. प्रत्यथी / The Respondent. 3. आयकर आयुक्त(अपील) / The CIT(A) 4. आयकर आयुक्त / CIT 5. विभागीय प्रयतयनचध, आयकर अपीलीय अचधकरण, मुंबई / DR, ITAT, Mumbai 6. गार्ा फाईल / Guard file. आदेशान सार/ BY ORDER, सत्यावपत प्रयत //// उप/सहायक पुंजीकार (Asstt.

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