M.S RAMESH RAJMAL JAIN,MUMBAI vs. ITO WARD 19 (3)(1), MUMBAI

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-4, Mumbai ( in short ‘the CIT(A)’) dated 10/05/2019 for the assessment year 2011-12.

Shri Rushabh Mehta, appearing on behalf of the assessee made a statement that assessee has filed declaration under Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’). The assessee is yet to receive acceptance of declaration in Form – 3. The assessee does not want to pursue the appeal, hence, may be permitted to withdraw the appeal at this stage with liberty to revive the appeal in case declaration made under VSVS is not accepted.

Shri Sanjay J. Sethi, representing the Department stated that the Department has no objection if the assessee wants to withdraw the appeals to avail the benefit of ‘VSVS’.

In view of above statement made by ld. Authorized Representative for the assessee, appeal of the assessee is dismissed as withdrawn at this stage.

Liberty is granted to the assessee to review the appeal in the event application filed by the assessee under VSVS fails to mature. It is further made clear that if the assessee /appellant seeks to restore the appeal in the event assessee’s declaration made under VSVS is not accepted, the Registry shall not insist for filing of application for condonation of delay, if the Miscellaneous Application for recalling the order is filed beyond time on account of delay in communication of outcome under VSVS. [ Re. M/s. Nannusamy Mohan(HUF) vs. ACIT in T.C.A No.372 of 2020 decided on 16/10/2020 by Hon’ble Madras High Court]

The appeal is dismissed as withdrawn with the liberty aforesaid.