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Income Tax Appellate Tribunal, VIRTUAL COURT
Before: SHRI C.N. PRASAD, HONBLE
O R D E R PER C.N. PRASAD (JM)
This appeal is filed by the revenue against order of Learned Commissioner of Income Tax (Appeals)–33, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 31.10.2019 for the A.Y. 2010-11.
At the time of hearing the appeal virtually it was pointed out that assessee had opted for Vivad Se Vishwas Scheme, the Ld. DR submitted that assessee had filed declaration and undertaking in Form-1 and accepting the declaration filed by the assessee, Form-3 was also issued
(A.Y: 2010-11) M/s. Asian Narrow Fabrics Co. by the revenue. Ld. DR further in the e-mail sent stated that Form 5 is not yet issued, but there is no demand pending for the assessee in the year, instead refund is pending. Ld.DR submitted that the appeal filed may be disposed off as Vivad Se Vishwas Scheme application of the assessee is accepted and no demand is pending for the year
In view of the submission of the Ld.DR that assessee has already filed declaration and undertaking in Form-1 under Vivad Se Vishwas Scheme and received Form-3 from the Revenue accepting the said declaration, and also since no demand pending but only refund is due to assessee this appeal is dismissed with liberty to file Miscellaneous Application by the revenue for recall of the appeal in case the declaration of the assessee under Vivad Se Vishwas Scheme is not accepted.
In the result, appeal of the revenue is dismissed with the above observation.
Order pronounced on 04.08.2020 as per Rule 34(4) of ITAT Rules by placing the pronouncement list in the notice board.