MAHENDRA KUMAR D MEHTA,MUMBAI vs. ITO 19(2)(2), MUMBAI

This appeal in A.Y.2009-10 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-5, Mumbai in appeal No.CIT(A)-5/ITO-19(2)(3)/IT-150/17-18 dated 27/05/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 24/03/2015 by the ld. I.T.O. 19(2)(3), Mumbai (hereinafter referred to as ld. AO).

We find that the ld. AR filed a letter dated 11/02/2021 mentioning that assessee had preferred an application filed in form No.1 & 2 under direct tax “Vivad Se Viswas Scheme 2020” to settle this tax dispute for the year under consideration and had obtained Form No.3 from the designated authority thereon, copy of which was enclosed alongwith this letter.

In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared bad in law in future for any reason whatsoever.

In the result, appeal of the assessee is dismissed. Order pronounced in Open Court on 18/02/2021.