Sapphire Land and Development P. Ltd - Assessee has withdrawn the appeal and has the liberty to seek restoration of the appeal


Quick Summary
Sapphire Land and Development Pvt. Ltd. has withdrawn its appeal before the Income Tax Appellate Tribunal. This decision was made because the assessee opted for the Vivad Se Vishwas Scheme and filed the necessary declaration. The tribunal dismissed the appeal as withdrawn but granted the assessee the liberty to seek its restoration if the declaration under the scheme is not accepted for any reason.

Court :
ITAT Mumbai

Brief :
Aforesaid appeal by assessee for Assessment Year 2011-12 contest the order of learned first appellate authority on certain grounds of appeal.

Citation :
I.T.A. No.2747/Mum/2017

IN THE INCOME TAX APPELLATE TRIBUNAL
“E” BENCH, MUMBAI

BEFORE HON’BLE SHRI C.N. PRASAD, JM AND
HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
(Hearing Through Video Conferencing Mode)
I.T.A. No.2747/Mum/2017
Assessment Years: 2011-12)

M/s Saphhire Land Dev. Pvt. Ltd.
203, Capri Anant Kanekar Marg
Bandra (E), Mumbai – 400051
PAN/GIR No. AAACS-7785-H
Appellant)

Vs.
DCIT-Cir. 5(4)
Mumbai
Respondent)

Assessee by : Email dated 25/12/2020
Revenue by : Shri T.S.Khalsa-Ld. Sr. DR

Date of Hearing : 28/12/2020
Date of Pronouncement : 28/12/2020

 O R D E R

PER MANOJ KUMAR AGGARWAL (AM)

1. Aforesaid appeal by assessee for Assessment Year 2011-12 contest the order of learned first appellate authority on certain grounds of appeal.

2. The Ld. AR, has sent an email on 25/12/2020 stating that the assessee has already opted for Vivad Se Vishwas Scheme (VVS Scheme) for this year and filed requisite declaration. Accordingly, the appeal is being withdrawn. The Ld. DR did not object to the same.

3. Accordingly, the appeal stand dismissed as withdrawn with a liberty to assessee to seek restoration of the appeal in case the aforesaid declaration filed under the scheme is not accepted, for whatever reasons.

4. The appeal stand dismissed as withdrawn.

Order pronounced on 28th December, 2020.

Sd/-                                                         Sd/- 
 (C.N.Prasad)                                        (Manoj Kumar Aggarwal)
Judicial Member                                    Accountant Member

 

 Mumbai;Dated : 28/12/2020
Sr.PS, Sudip Sarkar

Copy of the Order forwarded to :
1. The Appellant
2. The Respondent
3. The CIT(A)
4. CIT– concerned
5.  DR, ITAT, Mumbai
6. Guard File

 BY ORDER,

(Dy./Asstt.Registrar)
 ITAT, Mumbai.

 

FAQ :

The appeal was withdrawn because Sapphire Land and Development Pvt. Ltd. opted for the Vivad Se Vishwas Scheme and filed the required declaration.

The Vivad Se Vishwas Scheme is a scheme under which the assessee opted to settle their tax disputes.

If the declaration filed under the Vivad Se Vishwas Scheme is not accepted for any reason, Sapphire Land has the liberty to seek restoration of its withdrawn appeal.

The appeal has been dismissed as withdrawn, but it can be restored under specific circumstances related to the Vivad Se Vishwas Scheme.

 

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Published in Income Tax
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