ITO 27(1)(5), MUMBAI vs. M/S J V CHEM (INDIA), MUMBAI

The present appeal has been filed by the revenue against the order dated 05.04.2019 passed by Ld. Commissioner of Income Tax (Appeals)- 26, Mumbai [hereinafter referred to as the “Ld. CIT (A)”] relevant to A.Y. 2011-12.

At the outset, when the appeal was called out for hearing, Ld. AR drawn our attention letter dated 12.01.2021 and submitted that assessee has filed the necessary declaration under Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) and assessee has yet to receive any intimation from the Office of Ld. CIT. 3. The Ld. DR did not object to course so suggested.

Considered the submission of both the parties and material placed on record. Ld. DR submitted that assessee has filed under Vivad se Vishwas Scheme and filed Form-3 u/s 5(1) of the Scheme. We notice that Ld. AR submitted that no intimation received from Ld. CIT. However, we notice that the department has issued Form-3 as acknowledgment. Therefore, in our considered view, consequent to the issue of Form-3, the appeal filed by the revenue becomes infructuous. Accordingly, appeal filed by the revenue is dismissed.

In the result, the appeal is dismissed.