B. C. HOUSE & GARDEN CONDOMINIUM,,MUMBAI vs. ITO-17(1)(3),, MUMBAI

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals) -55, Mumbai [in short ‘the CIT(A)] dated 20/12/2018 for the assessment year 2016-17.

A letter dated 07/12/2020 received from the Chartered Accountants of the assessee is available in records, stating that the assessee has opted for 'Viwad Se Vishwas Scheme, 2020'( in short 'VSVS') and has already filed declaration on 25/11/2020.

Shri Sanjay J. Sethi representing the Department stated that the Department has no objection if the assessee wants to avail the benefit of VSVS'.

A perusal of above letter shows that the assessee has opted for availing the benefit of VSVS, Form No.1 & Form No.2 has been filed and is awaiting Form No.3 from the Designated Authority. In view of above, the appeal by assessee is dismissed at this stage.

Liberty is granted to the assessee to revive appeal in the event declaration filed by the assessee under VSVS fails to mature. It is further made clear that if the assessee/appellant seeks to restore the appeal in the event assessee’s declaration under VSVS is not accepted, the Registry shall not insist for filing of application for condonation of delay, if the Miscellaneous Application for recalling the order is filed beyond time on account of delay in communication of outcome under VSVS [Re. M/s. Nannusamy Mohan(HUF) vs. ACIT in T.C.A No.372 of 2020 decided on 16/10/2020 by Hon’ble Madras High Court]. 6. In the result, appeal of assessee is dismissed at this stage with the liberty aforesaid.