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Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI
Before: SHRI VIKAS AWASTHY
This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals)-40, Mumbai (in short ‘the CIT(A)’) dated 25/03/2019 for the assessment year 2010-11.
आअसं. 4025/मुं/2019 (�न.व.2010-11) (A.Y.2010-11) 2. A letter has been filed by 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. Form 3 is awaited.
Shri Sushil Kumar Mishra 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 by assessee/respondent shows that declaration filed by assessee under VSVS is pending for acceptance as Form 3 has not been issued by the Designated Authority, so far. Since, the assessee has opted for VSVS, appeal filed by the Revenue has become infructuous and thus, is liable to be dismissed, as such.
Liberty is granted to the Revenue/appellant to revive the appeal, 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 appeal by Revenue is dismissed as infructuous, with liberty aforesaid.
In the result, appeal by Revenue is dismissed as infructuous. Order pronounced in the open Court on Thursday, the 01st day of April, 2021. Sd./- (VIKAS AWASTHY) �या�यक सद�य/JUDICIAL MEMBER मुंबई/Mumbai, �दनांक/Dated: 01/04/2021 Vm, Sr. PS (O/S)
आअसं. 4025/मुं/2019 (�न.व.2010-11) (A.Y.2010-11)