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Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI
Before: SHRI VIKAS AWASTHY
PER VIKAS AWASTHY, J.M: These appeals by the assessee are against the order of Commissioner of Income Tax (Appeals)-52, Mumbai (in short ‘the CIT(A)’) for assessment years 2012-13 and 2014-15, respectively. Both the impugned orders are of even date ie. 26/4/2019.
(A.Y.2012-13) ITA NO.4856/MUM/2019(A.Y.2014-15)
Ms. Apeksha Gala appearing on behalf of the assessee stated at Bar that the assessee has opted for ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’). The assessee may be permitted to withdraw the appeals at this stage with liberty to revive the appeals in case declaration under VSVS is not accepted.
Ms. Smita Verma representing the Department stated that the Department has no objection if the assessee want to avail the benefit of ‘VSVS’.
In view of the statement made by ld. Authorised Representative of the assessee, both the appeals by assessee are dismissed as withdrawn at this stage.
Liberty is granted to the assessee to revive the appeal(s) 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(s) 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].
In the result, both appeals by the assessee are dismissed, with liberty aforesaid.
Order pronounced in the open court on Monday, the 05th day of April, 2021.
Sd./- (VIKAS AWASTHY) �या�यक सद�य/JUDICIAL MEMBER मुंबई/Mumbai, �दनांक/Dated: 05/04/2021 Vm, Sr. PS (O/S)
(A.Y.2012-13) ITA NO.4856/MUM/2019(A.Y.2014-15)