DCIT- 13 (1) (1),, MUMBAI vs. NIRBHAY ENTERPRISES PVT LTD,, MUMBAI

These appeals in 4180/Mum/2019 for A.Y.2014-15 & 2013-14 respectively arises out of the order by the ld. Commissioner of Income Tax (Appeals)-21, Mumbai in appeal No.CIT(A)-

Assessee vide its authorised representative’s letters dated 08/02/2021, prayed for withdrawal of appeals in 4179/Mum/2019 & 4180/Mum/2018. For the sake of convenience, the letters are reproduced hereunder:-

Ld. DR has not raised any objection.

We have heard both the parties and perused the records, especially the Application for withdrawal of the Appeals. We find that assessee had preferred application under ‘Vivad se Vishwas Scheme-2020’ to settle its tax dispute for the impugned assessment year. Hence, there is no point in keeping this appeals pending in view of the decision of the Hon’ble Madras High Court in the case of Nannusamy Mohan (HUF) vs. ACIT in T.C.A. No.372 of 2020 dated 16.10.2020. Accordingly, we treat these appeals of the revenue as withdrawn giving liberty to the assessee that in case if the 4180/Mum/2019 M/s. Nirbhay Enterprises Pvt. Ltd., declaration filed by it under ‘Vivad Se Viswas Scheme-2020’ does not attain logical conclusion for any reason whatsoever, then this appeal shall get restored to its original form based on the application preferred by the assessee in this regard. With aforesaid observations, this appeals of the revenue are dismissed as withdrawn.

In the result, the appeals of the Revenue are dismissed as withdrawn.