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Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY
Date of hearing 10-06-2021 Date of pronouncement 10-06-2021 O R D E R Captioned appeals by the same assessee arise out four separate orders, all dated 18-03-2019, of learned Commissioner of Income Tax (Appeals)-5, Mumbai for the assessment years 2007-08, 2009-10, 2010-11 and 2013-14.
At the outset, learned authorized representative of the assessee submitted that the assessee has opted for settling the dispute arising in these appeals under the Direct Tax Vivadh se Vishwas Act, 2020. He submitted, after receiving the certificates issued by the designated authority in form 3, the assessee has also paid the tax due and submitted form 4. However, he submitted, assessee has not 2 M/s Nahar Gems yet received form 5. Letters dated 09-03-2021 to this effect attaching copies of form 3 have also been furnished before the bench.
3. I have heard the parties and perused the materials on record. It is a fact that the assesee has opted for settling the dispute arising in these appeals under the Direct tax Vivadh se Vishwas Act, 2020 and has received form 3 issued by the designated authority and paid the taxes and furnished form 4. Under these circumstances, it is not necessary to keep these appeals pending. Accordingly, I deem it appropriate to dismiss these appeals as withdrawn. However, if for any unforeseen reasons, assessee’s declarations under the Vivadh se Vishwas scheme, ultimately, are not accepted by the department by issuing form 5, liberty is granted to the assessee to seek restoration of these appeals.