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Income Tax Appellate Tribunal, VIRTUAL COURT
Before: SHRI M.BALAGANESH, AM & SHRI AMARJIT SINGH, JM
आदेश / O R D E R PER M. BALAGANESH (A.M):
This appeal in A.Y.2010-11 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-45, Mumbai in appeal No.CIT(A)-45/ITO-33(2)(2)/ITA-145/2017-18 dated 26/07/2017 (ld. CIT(A) in short) in the matter of imposition of penalty u/s.271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as Act).
Assessee vide its authorised representative’s letter dated 23/12/2020, prayed for withdrawal of appeal in 7477/Mum/2018. For the sake of convenience, we are reproducing the contents of the said Application as under:-
The hearing in respect of the above referred appeal is scheduled on 28.12.2020. Vide acknowledgemet no. 873484911231220 dated 23rd December, 2020, I have preferred to settle the said dispute under the Direct Tax Vivad se Vishwas Scheme, 2020 initiated by the Central Government {Copy of the said online form filed with the concern authority is enclosed herewith). Under the circumstances, I request you to kindly adjourn the hearing till issuance of Form 3 by the Income Tax Department. Once I received Form 3, I will withdraw the said appeal filed before the ITAT, Mumbai. Looking to the current situation, I am sending this letter through registered post, a.d.
Ld. DR has not raised any objection.
We have heard both the parties and perused the records, especially the Application for withdrawal of the Appeal. 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 appeal 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 Accordingly, we treat this appeal of the assessee as withdrawn giving liberty to the assessee that in case if the declaration filed by it under ‘Vivad Se Viswas Scheme-2020’ does not attain logical conclusion for any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 With aforesaid observations, this appeal of the assessee is dismissed as withdrawn.
In the result, the appeal of the Assessee is dismissed as withdrawn.
Order pronounced in the open Court on 02/02/2021.