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Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI
Before: VIKAS AWASTHY
Assessee by : Letter dated 27 /03/2021 Revenue by : Shri Sushil Kumar Mishra सुनवाई क� �त�थ/ Date of hearing : 30/03/2021 घोषणा क� �त�थ/ Date of pronouncement : 30/03/2021 आदेश/ ORDER
This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals)-2, Mumbai ( in short ‘the CIT(A)’) dated 10/06/2019 for the assessment years 2011-12.
The assessee has filed a letter dated 27/03/2021 stating that the assessee has opted for settlement of the appeal under ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’) and has filed declaration before the concerned authority. However, the declaration filed is still pending for approval.
2 आअसं. 5634/मुं/2019 (�न.व. 2011-12) (A.Y.2011-12)
Shri Sushil Kumar Mishra, representing the Department stated that the Department has no objection if the assessee want to settle the appeal to avail the benefit of ‘VSVS’.
Since, the assessee has opted for availing the benefit of VSVS, the appeal filed by the Revenue has become infructuous and is thus, liable to be dismissed, as such.
Liberty is granted to the Revenue/appellant to revive the appeal , if the assessee/respondent for any reason whatsoever fails to honour the commitment specified in Form-3 or the declaration field under VSVS is not accepted by the concerned authority. The appeal by Revenue is dismissed as infructuous, with liberty aforesaid.
Order pronounced in the open court on Tuesday, the 30th day of March, 2021.