ITO 22 (1)(5), MUMBAI vs. SHRI. HIMMATLAL GIRDHARLAL THAKKAR, MUMBAI

This appeal in 7592/Mum/2019 for A.Y.2009-10 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-34, Mumbai in appeal No.CIT(A)-34/ITO-22(1)(5)/IT-10242/16-17 dated 17/09/2019 (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 18/01/2016 by the ld. Income Tax Officer – 22(1)(5), Mumbai (hereinafter referred to as ld. AO).

We find that the ld. AR filed a letter dated 21/01/2021 mentioning that assessee had preferred an application under direct tax “Vivad Se Viswas Scheme 2020” to settle this tax dispute for the year under consideration and had obtained Form-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In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the revenue to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared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 revenue is dismissed.