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Income Tax Appellate Tribunal, MUMBAI BENCH “SMC” MUMBAI
Before: SHRI SAKTIJIT DEY & SHRI N.K. PRADHAN
ORDER PER N.K. PRADHAN, A.M. This is an appeal filed by the Revenue. The relevant assessment year is 2011-12. The appeal is directed against the order of the Commissioner of Income Tax (Appeals)-28, Mumbai [in short ‘CIT(A)’] and arises out of the assessment completed u/s 143(3) r.w.s. 147 the Income Tax Act 1961, (the ‘Act’).
The assessee has filed a letter dated 18.02.2021 stating that they have filed application under Vivad Se Vishwas Act, 2020 in Form No. 1 & 2. Following it, the Pr. CIT, Mumbai-17 has issued Form-3. It is stated that they are in the process of paying the amount determined in Form-3 of Rs.26,249/- and will file Form-4 on portal. 2 M/s VNM Hydrotek We brought to the attention of the Ld. Departmental Representative the above submission of the assessee.
The Government of India enacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act No. 3 of 2020) to provide for resolution of disputed tax and for matter connected therewith or incidental thereto. The Act of the Parliament received the assent of the President on 17.03.2020 and published in the Gazette of India on 17.03.2020. In terms of the said Act, the assessee has been given an option to put an end to the tax disputes, which may be pending at different levels either before the First Appellate Authority or before the Tribunal or before the High Court or before the Supreme Court of India.
Considering the letter dated 18.02.2021 filed by the assessee, we are inclined to dismiss the appeal filed by the revenue as infructuous.
Order pronounced in the open Court on 25/02/2021.