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Income Tax Appellate Tribunal, “E” BENCH, MUMBAI
Before: SHRI ABY T. VARKEY, JM & SHRI S. RIFAUR RAHMAN, AM
O R D E R PER ABY T. VARKEY, JM: These are appeals preferred by revenue against the order of the Ld. Commissioner of Income Tax (Appeals)-18, Mumbai dated 18.11.2011 for A.Ys. 2006-07 & 2007-08 respectively.
At the outset, the Ld. AR of the assessee drew our attention fact that the assessee had offered to settle the tax dispute for both AY. 2006-07 AY. 2007-08 through Vivad Se Vishwaas Act 2020 (hereinafter “the scheme”). Accordingly, the competent authority as per the scheme has accepted the proposal and has issued Form-5 dated 11.05.2021 & 26.11.2021 respectively since assessee has remitted the tax (copy of which has been given to us). Therefore, the tax disputes & 6430/Mum/2012 A.Ys.2006-07 & 2007-08 M/s. Tata Teleservices stands settled. Therefore, according to the assessee, the departmental appeal will not survive. The aforesaid submission of the Ld. AR could not be controverted by the departmental representative. (Copy of the Form no. 5 has been given to Ld. DR also). In the light of the aforesaid facts discussed, since the tax disputes has been settled by the assessee for A.Ys. 2006-07 & 2007-08, the aforesaid captioned departmental appeals will not survive and therefore it is to be treated as dismissed.