GOLDEN SOURCE INDIA P. LTD,MUMBAI vs. PR CIT 9, MUMBAI

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the Pr. CIT-9, Mumbai under Sec.263 of the Income-tax Act, 1961 for the assessment year 2009-10 2. When this appeal was called for hearing, the ld. Authorised representative (for short “A.R”) for the assessee submitted that the assessee had applied under the Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) as regards its appeal pending with the CIT(Appeals), National Faceless Appeal Centre against the consequential assessment framed by the A.O u/s 143(3) r.w.s 263 of the Act. It was submitted by the ld. A.R that the assessee is awaiting for a final resolution of the matter under the said scheme. It was further submitted by the ld. A.R that it had been issued „Form No. 3‟ under the provisions of Sec. 5 of the Vivad se Vishwas Act, 2020 (Act 3 of 2020) by the designated authority. In order to fortify his aforesaid claim the ld. A.R took us through a letter dated 14.01.2021 addressed by the assessee to the CIT(Appeals), National Faceless Appeal Centre, wherein it had sought withdrawal of its appeal filed against the assessment order passed u/s 143(3) r.w.s 263 of the Act. Also, our 2 GoldenSource India Private Limited Vs. Pr. CIT-9 attention was drawn by the ld. A.R to the “Form 1”, “Form 2” and “Form 3” (e-filed copies placed on record). It was submitted by the ld. A.R that now when the assessee had opted for the Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) w.r.t its pending appeal against the assessment framed by the A.O u/s 143(3) u/s 263 of the Act, its appeal filed with the Tribunal against the order passed by the Pr. CIT-9, Mumbai under Sec. 263 would be rendered as infructuous.