ORION ENTERPRISES,MUMBAI vs ACIT, CC- 3 (2), MUMBAI

Income Tax Appellate Tribunal, MUMBAI BENCH “C” MUMBAI

For Appellant: Shri Jayesh Dadia, A.R

For Respondent: Ms. Shreekala Pardeshi, D.R

Hearing: 30/08/2021Pronounced: 30/08/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)- 51, Mumbai, dated 24.09.2019, which in turn arises from the penalty order passed by the A.O under Sec. 271(1)(c) of the Income-tax Act, 1961, dated 18.03.2015 for assessment year 2010-11.

The assessee has filed before us a letter dated 16.08.2021, wherein it is stated that the assessee has filed an application under the Direct Tax Vivad se Vishwas Act, 2020, in Form 1 & 2 in order to settle the aforesaid matter pending before the Tribunal. In support of his aforesaid claim the assessee had enclosed alongwith his letter copy of the Form 1 & 2 that has been filed with the designated authority. It is stated by the assessee that in the backdrop of the aforesaid facts the captioned appeal be allowed to be withdrawn.

The ld. D.R did not controvert the aforesaid factual position as was canvassed before us.

2 M/s Orion Enterprises Vs. ACIT, CC-3(2)

In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme, then, the assessee shall have liberty to approach the Tribunal for restoration of his aforementioned appeal.

Resultantly, the appeal is dismissed as withdrawn subject to the observations recorded hereinabove.

ORION ENTERPRISES,MUMBAI vs. ACIT, CC- 3 (2), MUMBAI