BODYRHYTHM ENTERPRISES LTD.,MUMBAI vs. ITO WARD 3(1)(2), MUMBAI

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ITA 1774/MUM/2019Status: DisposedITAT Mumbai03 December 2020AY 1996-973 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 noted that the assessee had availed the 'Vivad Se Vishwas Scheme' and sought to withdraw the appeal. The appeal was permitted to be withdrawn.

What were the facts?

The assessee filed an appeal against additions made under Section 69B of the Income Tax Act. The assessee had subsequently filed an application under the 'Vivad Se Vishwas Scheme' 2020.

What were the issues?

Whether the appeal should be withdrawn due to the assessee opting for the 'Vivad Se Vishwas Scheme'.

Which sections of the Income-tax Act were involved?

Section 69B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI M.BALAGANESH, AM & SHRI AMARJIT SINGH, JM

For Appellant: Shri R.C.Jain
For Respondent: Shri Rajendra Joshi
Hearing: 03/12/2020Pronounced: 03/12/2020

आदेश / O R D E R PER M. BALAGANESH (A.M):

1.

This appeal in A.Y.1996-1997 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-8, Mumbai in appeal No.CIT(A)-8/10430/2017-18 dated 28/01/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 254 of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 22/12/2011 by the ld. ITO 3(1)(2), Mumbai (hereinafter referred to as ld. AO).

2.

We find that assessee has raised grounds for deletion of addition made u/s.69B of the Act in the sums of Rs.43,03,083/- and Rs.18,66,898/- in its appeal filed before us. We find that the Chartered Accountant of the assessee vide its letter dated 02/12/2020 had submitted in writing that assessee has already filed an application under ‘Vivad Se Vishwas Scheme’ 2020 by filing Form No.1 and had also given declaration in Form No.2 on 21/09/2020. Further the assessee has also received Form No.3 u/s.5(1) of direct Tax ‘Vivad Se Vishwas Scheme’ 2020 on 26/11/2020 determining the amount payable by the assessee. Accordingly, the assessee’s authorised representative had sought to withdraw the appeal filed by the assessee before us. The said letter dated 02/12/2020 is taken on record and accordingly in view of assessee availing the direct Tax ‘Vivad Se Vishwas Scheme’ 2020, the appeal filed by the assessee is permitted to be withdrawn.

3.

In the result, appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open Court on 03/12/2020.

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