What did the Tribunal hold?

The Tribunal dismissed the appeals as withdrawn, noting the assessee's application under the Vivad Se Vishwas Act. Liberty was granted to the assessee to seek restoration if the applications are not accepted.

The assessee filed multiple appeals before the ITAT for various assessment years. The assessee subsequently filed applications under the Direct Tax Vivad Se Vishwas Act, 2020, to settle the tax disputes.

What were the issues?

Whether appeals should be dismissed as withdrawn when the assessee has opted for settlement under the Vivad Se Vishwas Act, and the procedure for restoration if settlement fails.

J M Exports vs ITO | ITAT Mumbai 2020

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: SHRI SAKTIJIT DEY

For Appellant: Shri Himanshu Gandhi

For Respondent: Shri Sanjay J. Sethi

Heard the learned counsels appearing for the parties and perused the material on record. Considering the fact that the assessee has already applied for settling the dispute in the present appeals under the Direct Tax Vivad Se Vishwas Act, 2020, I am inclined to dismiss the appeals as withdrawn. However, liberty is granted to the assessee to seek restoration of these appeals in the event the applications filed under the Vivad Se Vishwas Act, 2020 are not accepted by the Department. In other words, in the event of non acceptance of assessee’s declarations by the Revenue, the assessee can file miscellaneous applications seeking recall of this order and restoration of the appeals. This is in view of the decision of the Hon’ble Madras

3 J.M. Exports High Court in order dated 16th October 2020, delivered in M/s. Nannusamy Mohan (HUF) v/s ACIT, TCA no.372 of 2020.

In the result, appeals are dismissed. Order pronounced in the open court on 16.12.2020

J M EXPORTS,MUMBAI vs. ITO 31(2)(1), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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