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Income Tax Appellate Tribunal, “C” BENCH, MUMBAI
Before: SHRI MAHAVIR SINGH, VP &
आदेश / O R D E R PER BENCH: The aforementioned appeals have been filed by the assessee and revenue respectively against the order passed by Ld. Commissioner of Income Tax (Appeals), Mumbai [hereinafter referred to as the “Ld. CIT (A)”] relevant to different assessment years. 2. During the course of hearing, the Ld. Counsel of the assessee submitted before us that assessee has filed necessary declaration under Direct Tax Vivad Se Vishwas Act 2020 (Act 3 of 2020) and also confirmed receipt of Form-1 & 2 vide letter dated 23.03.2021, copy of which are placed on record. Accordingly, he prayed for withdrawal of the appeal. He also prayed that in the event of the matter being not settled under the Vivad se Vishwas scheme due to unforeseen reasons, its right for revival of the appeal is protected. 3. The Ld. DR did not object to course so suggested. 4. Considered the rival submissions and material placed on record. We noticed that assessee prayed for withdrawal of its appeal. Accordingly, liberty is granted to the assessee to revive the appeals in the event application filed by the assessee under VSVS fails to mature. It is further made clear that if the assessee /appellant seeks to restore the appeal 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 & 13 others M/s Indian Oil Corporation Ltd. 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In view of the above, we dismiss the appeal of assessee as withdrawn, subject to the rider that in the unlikely event of matter not being resolved under the Vivad se Vishwas scheme, the assessee shall have liberty to approach the Tribunal for restoration of its appeals. With regard to revenue appeals, the appeals of revenue are dismissed as infcructous and liberty granted to revenue also in case rejection of the assessee’s application under the scheme to restore the appeal.