INCOME TAX OFFICER , MUMBAI vs. PARESH A GANDHI, MUMBAI

These two appeals by the Revenue are directed against the orders of Commissioner of Income Tax (Appeals)-46, Mumbai (in short ‘the CIT(A)’) for AY 2011-12 and 2009-10, respectively. Both the impugned orders are of even date i.e. 03/6/2019.

A letter has been furnished by the Chartered Accountants of the assessee on 01/4/2021 stating that the assessee has opted for ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’) and the declaration under the said scheme has been filed for both the impugned assessment years. Form 3 is awaited.

Ms. Smita Verma representing the Department stated that the Department has no objection if the assessee wants to avail the benefit of ‘VSVS’.

A perusal of the above letter filed on behalf of the assessee/respondent shows that declaration filed by assessee under VSVS is pending for acceptance for both the impugned assessment years as Form 3 has not been issued by the Designated Authority, so far. Since, the assessee has opted for VSVS, appeals filed by the Revenue have become infructuous and thus, are liable to be dismissed, as such.

Liberty is granted to the Revenue/appellant to revive the appeal(s), if the declaration filed by the assessee/respondent is rejected for any reason whatsoever or the assessee fails to honour the commitment specified in Form -3, if issued. The appeals by Revenue are dismissed as infructuous, with liberty aforesaid.

In the result, appeals by the Revenue are dismissed as infructuous. Order pronounced in the open Court on Monday, the 05th day of April, 2021.