M/S FRITZ FREIGHT FORWARDING INDIA P. LTD,MUMBAI vs. THE ACIT CEN CIR 18 & 19, MUMBAI

A letter dated 04/02/2021 has been received from the assessee stating that the assessee has opted for settlement of these appeals through ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’).

Shri Sanjay Singh, representing the Department stated that the Department has no objection if the assessee want to settle these appeals to avail the benefit of ‘VSVS’.

A perusal of above letter shows that the assessee’s declaration under VSVS for the assessment years 1998-99 and 1999-2000 have been accepted and the Designated Authority has issued Form-3. In view of above, the appeals filed by the Revenue have become infructuous and are thus, liable to be dismissed, as such.

The assessee has not received communication regarding acceptance of declaration, so far for assessment year 2000-01. The assessee has sought liberty to revive the appeal in case declaration under VSVS is rejected for any reason.

Liberty is granted to the assessee and the Department to revive their respective appeal(s) 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]

The appeals by Revenue are dismissed as infructuous and appeal by the assessee is dismissed as withdrawn, with liberty aforesaid.