M/S. ENN ENN ENTERPRISES,,SILVASSA vs. THE INCOME TAX OFFICER, WARD-1,, VAPI

Order under section 254(1) of Income Tax Act PER PAWAN SINGH, JUDICIAL MEMBER:

1. 1. This appeal by assessee is directed against the orders of ld. Commissioner of income tax (Appeals), Valsad, dated 23.03.2016 in for assessment year (AY) 2005-06.

2. The appeal came up hearing on 6th April 2021. The learned Counsel for the assessee submits that the assessee has settled the dispute with the department by availing the benefit under Vivad se Visvas Scheme - 2020 (VSV-20). The learned Counsel for the assessee submits that the assessee has already received Form -1 & 2 of VSV-20, copy of which is placed on record. Form-3 is still awaited. The ld. Counsel for the assessee submits that the assessee may be allow to withdraw the appeal

(AY 2005-06) Enn Enn Enterprises Silvasa with the liberty to get the appeal revive/ restored, in case some further dispute is left with regards to the grounds of appeal in any of the appeal. The assessing officer may be directed to pass consequential order as per CBDT Circular No. 3/2021 dated 04.03.2021.

3. On the other hand the ld. Senior Departmental (ld. DR) appearing for the revenue has no objection if the appeal of assessee is dismissed as withdrawn with the liberty to get the appeal revived as prayed for.

4. We have considered the submissions of the parties and have verified the facts from Form-1 & of VSV-20 is received by the assessee. Therefore, considering the submissions of the learned Counsel for the assessee that the assessee has settled the dispute with the department under VSV-20, the appeal of the are dismissed as withdrawn with liberty to the assessee that in case, if the application preferred by the assessee under VSV-20 does not get finally settled for any reason whatsoever, then the assessee is at liberty to prefer Miscellaneous Application before this Tribunal for restoration of this appeal and in such event, the appeals shall get restored.

5. The Hon’ble Madras High Court in the case of M/s Nannusamy Mohan (HUF) vs. ACIT (TCA No. 372 of 2020 dated 16.10.2020, also held that ultimate decision to be taken on the declaration to be filed by the assessee under Section 4 of the said Act, is not in favour of the assessee, the assessee is given liberty to restore its appeal in the event if such a 2