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Income Tax Appellate Tribunal, “K” BENCH, MUMBAI
Before: SHRI VIKAS AWASTHY & SHRI S. RIFAUR RAHMAN
The aforesaid appeal has been filed by the assessee challenging the order dated 22nd December 2014, passed under section 144C(5) of the Income Tax Act, 1961 (for short "the Act") in pursuance to the directions of the dispute Resolution Panel–1, Mumbai, (“the DRP”) pertaining to the assessment year 2010–11.
Considered the submissions of the leaned Counsel appearing for both the parties and perused the material on record. While going
2 Dimension Data India Ltd. through the record available before us, we find that the assessee has filed a letter dated 10th April 2021, seeking withdrawal of the present appeal. Ms. Anju Kisnadwala, the leaned Counsel for the assessee submitted before us that the assessee has sought withdrawal of its appeal in view of the fact that it has applied for settling the tax dispute under the Vivad Se Vishwas Tax Scheme, 2020. The letter submitted by the assessee is accompanied by the acknowledgement in Form–1 and 2, of the declaration filed under the aforesaid scheme. The aforesaid letter along declaration in Form no.1 and 2, are also kept on record.
However, Forms no.3 and 5, has not yet been received by the assessee from the Revenue side. The learned Departmental Representative has not raised any objection with reference to the submissions made by the leaned Counsel for the assessee. Considering the fact that the assessee has requested the Revenue for settling the dispute under the provisions of VSVS, consequently, we hold that there is no necessity in keeping the present appeal pending since the assessee has approached the Revenue for settling the dispute under the provisions of VSVS. However, since Form no.3 and 5, is yet to be issued by the Revenue side, liberty is hereby granted to the assessee to recall the present appeal in the event Revenue is not accepting the request of the assessee for settling the dispute under the provisions of 3 Dimension Data India Ltd. VSV. With these observations, we hold that the appeal filed by the assessee is liable to be dismissed as such in limine.