NAILESH SWARUPCHAND MEHTA,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, MUMBAI

A letter dated 09/03/2021 has been received from the Chartered Accountants of the assessee stating that the assessee has opted for ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’). The declaration has already been filed under VSVS and Form- 3 is awaited.

Shri Sanjay J. Sethi representing the Department stated that the Department has no objection if the assessee want to avail the benefit of ‘VSVS’.

In view of the fact that the assessee has opted for VSVS and has already filed declaration, the appeal by assessee is dismissed at this stage.

Liberty is granted to the assessee to revive the appeal in the event declaration 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 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 the result, appeal by assessee is dismissed, with the liberty aforesaid.