M/S THE BENGAL MILL STORES SUPPLY CO. (BOMBAY),MUMBAI vs. ASST CIT 17 (3), MUMBAI

The assessee has filed the appeal against the order of the Commissioner of Income Tax (Appeals)-28, Mumbai, passed u/s. 143(3) and 250 of the Income Tax Act, 1961.

At the time hearing, the Ld. Counsel for the assessee has filed a letter dt 05.04.2021 mentioning that the assessee intend to settle the tax litigation by opting for M/s. The Bengal Mill Stores Supply Co (Bombay) Mumbai ‘Vivad se Vishwas Scheme 2020’ (VSVS2020) and filed an application in Form No. 1 & 2 under VSVS Rules 2020. Contra, the Ld. DR has no objections.

We heard the rival submissions and perused the material on record. Since the Ld.AR has filed a letter mentioning that 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 appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order as per provisions of Law.

In the result, the appeal filed by the assessee is dismissed.