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Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY & SHRI N.K. PRADHAN
O R D E R Per Saktijit Dey (JM) – This is an appeal by the assessee against order dated 07-06-2019 of learned Commissioner of Income-tax (Appeals)-30, Mumbai confirming the penalty imposed under section 271(1)(c) of the Income-tax Act, 1961 amounting to Rs.4,08,037/- for the assessment year 2009-10.
When the appeal was called up for hearing, no one was present on behalf of the assessee. However, assessee has filed letter dated 16-02-2021stating that he has opted for settling the dispute arising in this appeal under the Direct Tax Vivad se Vishwas Act, 2020. Copies of the declarations in Forms 1and 2 have been attached to the letter. Therefore, the assessee has expressed his intention to withdraw the appeal. The learned Departmental Representative has no objection to the aforesaid request of the assessee.
3. Having perused the materials on record and considering the request of the assessee, we permit him to withdraw the present appeal. Accordingly, appeal is dismissed as withdrawn. However, if for any unforeseen reasons, assessee’s declaration under the Direct Tax Vivad se Vishwas Act, 2020 is not accepted by the department, liberty is granted to the assessee to seek restoration of the appeal.
In the result, appeal is dismissed. Order pronounced on 11/03/2021.