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Income Tax Appellate Tribunal, “E” BENCH, MUMBAI
Before: SHRI C.N. PRASAD & SHRI S. RIFAUR RAHMAN
The present appeal preferred by the Revenue challenging the order dated 22nd March 2018, passed by the learned Commissioner (Appeals)–14, Mumbai, for the assessment year 2009–10.
During the course of hearing, we find that the assessee has filed a letter dated 23rd December 2020, in the Registry expressing its intention to approach Revenue authorities for seeking settlement of 2 M/s. Topcare Construction Pvt. Ltd.
the tax dispute in view of the fact that the assessee has already applied for settling the tax dispute under the Vivad Se Vishwas Tax Scheme, 2020. The letter submitted by the assessee is accompanied by the acknowledgement in Form–3 of the declaration filed under the aforesaid scheme. The aforesaid letter and the declarations are kept on record.
The learned Departmental Representative has no objection for withdrawal of the appeal by the assessee.
Considered the submissions of both the parties and perused the material on record. Considering the fact that the assessee has sought withdrawal of the present appeal as he has applied for settling the dispute under Vivad Se Vishwas Scheme, 2020, we are of the opinion that no purpose would be served in keeping the matter alive when the assessee has already approached the Revenue authorities for settling the tax dispute under Vivad Se Vishwas Scheme and thus the Revenue’s appeal is liable to be dismissed. However, liberty is granted to the Revenue to seek restoration of this appeal in the event the application filed under Vivad Se Vishwas Tax Scheme is not accepted by the Department.
3 M/s. Topcare Construction Pvt. Ltd.