VARIAN INDIA P.LTD-INDIA BRANCH,MUMBAI vs. ADDL CIT (IT) RG 4(3), MUMBAI

The Cross appeal is filed by the Assesse and Revenue against the Assessment order passed u/s 144C(13) r.w.s 143(3) of the Income Tax Act, 1961. & 1069/Mum/2015 Varian Ind Pvt Ltd, Mumbai. - 2 -

At the time hearing, the Ld. Counsel of the assessee has submitted a letter mentioning that the assessee intend to settle the tax litigation by opting for ‘Vivad se Vishwas Scheme 2020’ (VSVS2020) and received Form.no. 3 & 5 under VSVS Rules 2020. Contra, the Ld. DR has no objections.

We heard the rival submissions and perused the material on record. Since the assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and received Form-3 from the income tax department. We are of the view that, no purpose will be served in keeping the appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn. Further in the case of Revenue appeal, the assesee has received Form-no-5 in respect of full and final settlement of Tax Arrears paid and the revenue was given opportunity to confirm the Tax payment/Report on 22-11-2021.But no such report/confirmation was filed. We considering the facts and circumstances dismiss the revenue appeal and the assessee/revenue is given liberty to move an application u/s 254(2) of the Act to recall the present order as per provisions of Law. & 1069/Mum/2015 Varian Ind Pvt Ltd, Mumbai. - 3 -

In the result, the appeal filed by the assessee and the revenue is dismissed.