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Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI
Before: VIKAS AWASTHY & SHRI N.K.PRADHAN
This appeal by the Revenue is directed against the order of Commissioner of Income –tax (Appeals)-28, Mumbai (in short ‘the CIT(A) ) dated 29/05/2019 for the assessment years 2010-11.
2 आअसं. 5151/मुं/2019 (�न.व. 2010-11) (A.Y.2010-11) 2. The Authorized Representative for the assessee has filed a letter dated 24/02/2021 stating that the assessee has opted for settlement of the appeal under ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’) and has filed declaration before the concerned authority on 22/12/2020. However, the declaration filed is still pending for acceptance.
Shri Sanjay J. Sethi, representing the Department stated that the Department has no objection if the assessee want to settle the appeal to avail the benefit of ‘VSVS’.
Since, the assessee has opted for availing the benefit of VSVS, the appeal filed by the Revenue has become infructuous and is thus, liable to be dismissed, as such.
Liberty is granted to the Revenue/appellant to revive the appeal , if the assessee/respondent for any reason whatsoever fails to honour the commitment specified in Form -3 or the declaration field under VSVS is not accepted by the concerned authority. The appeal by Revenue is dismissed as infructuous, with liberty aforesaid.
Order pronounced in the open court on Monday, the 1st day of March, 2021.