M/S CUSHION SOFT MERCANTILE PVT LTD.,MUMBAI vs. DCIT CC 5 (4), MUMBAI

The assessee has filed the appeal against the order of the Commissioner of Income Tax (Appeals) - 53, Mumbai, passed u/s. 271(1)(c) and 250 of the Income Tax Act, 1961.

At the time hearing, the assessee has filed a letter mentioning that it intend to settle the tax litigation by opting for ‘Vivad se Vishwas Scheme 2020’ (VSVS2020) Cushion Soft Mercantile Pvt Ltd., Mumbai and filed an application in Form No. 1 & 2 under VSVS Rules 2020. Contra, the Ld. DR has no objections.

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 Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order as per provisions of Law.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