What did the Tribunal hold?

The assessee sought permission to withdraw the appeal as they had opted for resolution under the Direct Tax Vivad se Vishwas Act, 2020. The Tribunal permitted the withdrawal.

The assessee filed an appeal against the CIT(A)'s order for AY 2015-16. The grounds of appeal challenged additions made by the AO and the CIT(A)'s confirmation of these additions.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for the Vivad se Vishwas scheme.

Manoj Narayan Shetty, Thane vs ITO | ITAT Mumbai 2020

Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

Before: SHRI SHAMIM YAHYA, AM & SHRI AMARJIT SINGH, JM

For Appellant: Shri Deepak Raje

Hearing: 04/11/2020Pronounced: 04/11/2020

O R D E R

PER AMARJIT SINGH, JM:

This is an appeal filed by the assessee against the order dated 04.11.2019 passed by the Commissioner of Income Tax (Appeals)-01 Mumbai [hereinafter referred to as the “CIT(A)”] and pertains to A.Y.2015- 16.

The assessee has raised the following grounds .: - “1. On the facts & in the circumstances of the case and in law the Ld. Commissioner of Income Tax (Appeals)-1 Thane, erred in confirming the additions made by the Income Tax Officer Ward 2(5) Thane without appreciating the merits of the case.

2. On the facts & in the circumstances of the case and in law the Ld. Commissioner of Income Tax (Appeals)-1 Thane, erred in confirming the additions of Rs.1,07,45,963/- being difference between Gross Receipts as per 26AS and Gross receipts as per return of deductions for business expenditure.

3. On the facts & in the circumstances of the case and in law the Ld. Commissioner of Income Tax (Appeals)-1 Thane, erred in treating the entire additional gross receipt as income instead of net profit therefrom.

4. The Appellant reserves right to add, alter or amend the grounds of appeal on or before the date of hearing.” A.Y.2015-16

3. At the outset, the Ld. Counsel of the assessee stated that he is requesting that assessee may be permitted to withdraw the appeal. He submitted that assessee has opted for resolution of disputed tax under Direct Tax Vivad se Vishwas Act 2020 (Act 3 of 2020). He submitted that assessee has accordingly filed the necessary declaration and competent authority has issued Form No.3 in this regard also. In the view of the matter he sought to withdraw the appeal. The Ld. DR did not have any objection.

Accordingly in the light of the above decision, we permit the withdrawal of above appeal accordingly. Hence, this appeal is disposed off by treating them as withdrawn.

MANOJ NARAYAN SHETTY, THANE vs. ITO WARD 2 (5), THANE

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