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Income Tax Appellate Tribunal, MUMBAI BENCH “C” MUMBAI
Before: SHRI S. RIFAUR RAHMAN & SHRI RAVISH SOOD
ORDER PER S. RIFAUR RAHMAN, A.M. The present appeal filed by the Revenue is against the order of Commissioner of Income Tax (Appeals)-44, Mumbai [in short ‘CIT(A)’] for the assessment year 2012-13 dated 13.08.2019 and arises out of penalty levied u/s 271(1)(c) of the Income Tax Act, 1961 (in short the Act).
At the outset, the Ld. AR submitted that assessee has preferred to settle the issue under Vivad Se Vishwas Act, 2020 and relevant information is filed vide letter dated 02.07.2021 and submitted that it has filed the necessary declaration M/s Chheda Housing Development 2 under Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) and confirmed the receipt of Form-3 & Form-5.
The Ld. DR also did not object to course so suggested.
Heard the learned Counsels for both the parties and perused material on record. Considering the fact that the assessee has sought dismissal of the present appeal, as it has applied for settling the dispute under Vivad Se Vishwas Scheme, 2020, and receive the confirmation of Form-3 & Form-5. We noticed that the assessee has submitted the declaration in Form 1, 2 & 3. The same was accepted by the Revenue. The assessee filed Form-5 before us. It shows that the plea of the assessee is accepted by the Revenue. Therefore, we are inclined to dismiss the appeal as per assessee’s request. The Ld. DR has no objection to the above said preposition of the assessee. In case for some reason, the Revenue dismiss the plea of the assessee under Vivad Se Vishwas Scheme, 2020, it can apply to restore the matter in due course. With that liberty, we are dismissing the appeal of the Revenue.