VITRAG METAL P. LTD,MUMBAI vs. ITO WD 5(3)(3), MUMBAI

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) In ITA. No. 5533/M/2016,ITA.No.6015/M/2016,ITANo.6016/M/2016 and ITA.No.1711/M/2017(Revenue appeal) and has received Form.no. 3 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 appeals pending. Accordingly, we dismiss the three appeals of the assessee as withdrawn. Further in the case of Revenue appeal, the assesee has received Form-no-3, and the revenue was given many opportunities to confirm the Tax payment/Report and on the last date of hearing on 29-09- 2021, the Ld. DR was provided Last Chance to produce confirmation of Tax payment on 4-10-2021. 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.

CO. No. 297/Mum/2018. Since the assessee has opted for VSVS2020 in revenue appeal and is dismissed. The Cross Objection filed by the assessee becomes infractuous and is also dismissed.

In the result, the three appeals and the Cross objection filed by the assessee is dismissed and the appeal of the revenue is dismissed.