DINA JITENDRA UDANI,MUMBAI vs. JOINT COMMISSIONER OF INCOME TAX, CIRCLE-28(1), MUMBAI

At the outset, the learned Counsel for the assessee Shri Shashank A. Mehta stated that the assessee has opted for ‘Direct Tax Vivad Se Viswas Scheme, 2020’. The appeal before ITAT was filed on 22.08.2019 and the appeal is pending for disposal. The assessee has filed copies of Form No. 1 and 2 and is awaiting for form No. 3 from the Department. Hence, he has requested for permission for withdrawal of the appeal subject to liberty to be granted to him. The Sr. learned DR Shri Vidhyadhar V has not objected for the same.

After hearing both the sides and perusing the records, it is noticed that the assessee is opting for ‘Direct Tax Vivad Se Viswas Scheme, 2020’. In view of the decision of Hon'ble High Court of Madras in the case of Nannusamy Mohan (HUF) vs. ACIT in I.C.A. No.372 of 2020 dated 16.10.2020, wherein Hon'ble High Court after considering the intent of the assessee to avail the benefit of ‘Direct Tax Vivad Se Viswas Scheme, 2020’ has dismissed the appeal by observing in Para 7 to 9 as under: - “7. As observed, the assessee is given liberty to restore this appeal in the event the ultimate decision to be taken on the declaration to be filed by the assessee under Section 4 of the said Act is not in favour of the assessee. If such a prayer is made, the Registry shall entertain the prayer

In the light of the above, we direct the appellant/ assessee to file the Form No.I on or before 20.11.2020 and the competent authority shall process the application/ declaration in accordance with the Act and pass appropriate orders as expeditiously as possible preferably within a period of 6 (6) weeks from the date on which the declaration is filed in the proper form.

With this declaration, the Tax Case appeal stands disposed of with the aforementioned liberty and Consequently the Substantial Question of Law are left upon. No costs.”