SHRI. MAHESH GUPTA ,MUMBAI vs. DCIT 29(2), MUMBAI

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals) -40, Mumbai [in short ‘the CIT(A)] dated 07/05/2019 for the assessment year 2013-14.

A letter dated 03/03/2021 has been received from the assessee stating that the assessee has opted for 'Viwad Se Vishwas Scheme, 2020'( in short 'VSVS') and hence, want to withdraw the appeal. In subsequent communication (through e-mail) dated 01/06/2021 the assessee has highlighted that declaration under VSVS has been filed, but Form -3 has not been issued so far.

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

In view of the fact that assessee has opted for VSVS and has already filed declaration, the appeal by assessee is dismissed at this stage.

Liberty is granted to the assessee to revive the 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 made 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 by assessee is dismissed, with the liberty aforesaid.