PRASHANT SURESH SHETH,MUMBAI vs. ITO 19 (2)(5), MUMBAI

When the appeal was called for hearing in the virtual court, the assessee appeared in person and submitted that he has opted for settling the dispute arising in the present appeal by filing declaration under the Direct Tax Vivad se Vishwas Act, 2020 and has received the certificate issued by the designated authority in Form- 3. He submitted, he has not yet deposited the tax payable under the scheme but will pay it soon. A letter dated 20.05.2021 to this effect has also been furnished by the assessee.

I have considered the submissions of the assessee and have heard the learned Departmental Representative. Considering the fact that the assessee Assessment Year: 2009-10 has opted for settling the dispute arising in the present appeal under the Direct Tax Vivad se Vishwas Act, 2020 and has received Form- 3 issued by the designated authority, I am inclined to dismiss this appeal as withdrawn. However, if for any unforeseen reasons, assessee’s declaration under the Direct Tax Vivad se Vishwas Act, 2020 is not accepted by the revenue, liberty is granted to the assessee to seek restoration of this appeal.

In the result, appeal is dismissed.