UMA METAL COMPANY ,MUMBAI vs. ITO 17(3)(5) , MUMBAI

The assessee has filed the appeal against the order of the Commissioner of Income Tax (Appeals) - 28, Mumbai, passed u/s. 143(3) r.w.s 147 and 250 of the Income Tax Act, 1961.

At the time hearing, none appeared on behalf of the assessee. The Ld.AR has filed a letter dated 05-03-2021 that the assessee is intend to settle the tax litigation by Uma Metal Company, Mumbai opting for ‘Vivad se Vishwas Scheme 2020’(VSVS2020) and filed an application in Form No. 1 & 2 under VSVS Rules 2020. Contra, the Ld. DR has no objections.

We heard the Ld.DR and perused the material on record. Since the assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and has filed a letter dt 05-03- 2021 mentioning that the assessee has applied under VSVS 2020 and has received Form-3 from the Income Tax Department. We are of the view that, no purpose will be served in keeping the appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order as per provisions of Law.

In the result, the appeal filed by the assessee is dismissed.