ITO WARD 2 (2) , THANE vs. SHRI. SHRIRAM CHHABIRAJ YADAV, THANE

During the course of hearing, while perusing the material before us, we find that the assessee has filed a paper book accompanied by 2 Shri Shriram Chhabiraj Yadav the acknowledgement in Form–I and II of the declaration filed under Vivad Se Vishwas Tax Scheme, 2020, in view of the fact that the assessee has applied for settlement of tax dispute under the Scheme and sought adjournment till final disposal of tax settlement under the Scheme. A copy of such declaration is placed on record.

The learned Departmental Representative has no objection for withdrawal of the appeal by the assessee.

Heard the learned Counsel appearing for both the parties and perused material on record. Considering the fact that the assessee has sought adjournment in hearing of the present appeal, as the assessee has applied for settling the dispute under Vivad Se Vishwas Scheme, 2020, we are of the opinion that there is no necessity of keeping this matter alive since the assessee has already applied for settlement of dispute under the Scheme. Consequently, the appeal filed by the Revenue is liable to the dismissed as such. However, liberty is granted to the assessee to seek restoration of this appeal in the event the application filed under Vivad Se Vishwas Tax Scheme is not accepted by the Department. It is further made clear, in such eventuality if the assessee seeks restoration of the present appeal by filing misc. application, the delay, if any, should be condoned without insisting upon filing any application for condonation of delay. This is in view of 3 Shri Shriram Chhabiraj Yadav the decision of the Hon’ble Madras High Court in order dated 16th October 2020, delivered in M/s. Nannusamy Mohan (HUF) v/s ACIT, TCA no.372 of 2020. With the aforesaid observations, the appeal is dismissed as withdrawn.

In the result, appeal is dismissed. Order pronounced in the open court on 22.02.2021