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Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI
Before: SHRI VIKAS AWASTHY
अपीलाथ� �वारा/ Appellant by : Shri Vipul Jain ��तवाद� �वारा/Respondent by : Shri Sanjay Sethi सुनवाई क� �त�थ/ Date of hearing : 31/05/2021 घोषणा क� �त�थ/ Date of pronouncement : 31/05/2021 आदेश/ ORDER
This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-53, Mumbai (in short ‘the CIT(A)’) dated 29/5/2019 for the assessment year 2009-10.
Shri Vipul Jain, ld. Authorized Representative for the assessee submitted a letter dated 31/05/2021 stating that assessee has opted for ‘Viwad Se Vishwas
आअसं. 4843/मुं/2019 (�न.व.2009-10) (A.Y.2009-10) Scheme, 2020’( in short ‘VSVS’) and hence, want to withdraw the appeal, with a liberty to revive in case declaration is not accepted.
Shri Sanjay Sethi representing the Department stated that the Department has no objection if the assessee wants to withdraw appeal to avail the benefit of ‘VSVS’.
A perusal of the letter filed by the ld. Authorized Representative for the assessee shows that the declaration filed by assessee has not been accepted by the Designated Authority so far and Form No.3 is yet to be received.
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].
In the result, the appeal of assessee is dismissed at this stage with the liberty aforesaid. Order pronounced in the open court on Monday, the 31st day of May, 2021.