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Income Tax Appellate Tribunal, “B” BENCH, MUMBAI
Before: SHRI MAHAVIR SINGH, VP & SHRI MANOJ KUMAR AGGARWAL, AM
order dated 18.10.2011 and for Assessment Year 2004-05 in Appeal No. CIT(A)- 4/ACIT-2(1)/IT-77/2007-08 dated. 10.03.2011. The assessments for Assessment Year 2003-04 and 2004-05 were framed by Assistant Commissioner of Income Tax, Circle-1(1), Ernakulum (in short ACIT) vide its orders under section 143(3) of the Income-Tax Act, 1961 (hereinafter ‘the Act’) for the Assessment Years 2003-04 & 2004-05 of even date 23.12.2005. mailed a petition with Mumbai ITAT that assessee want to avail Vivad se Vishwas Scheme for resolution of the above two captioned appeals and for this Form No. 1 & 2 has already been filed. When this mail was perused, we noted the same/reads as under:
We refer to the captioned appeals which are fixed for hearing before the Mumbai Bench 'B' on 12 January 2021 at Sr. Nos. 01 & 02. In this connection we would like to point out the Appellant has already filed applications with the designated Authority under section 2 of the Vivad se Vishwas Act, 2020 for resolution of he captioned appeals and is awaiting the approval in 'Form - 3' from the concerned Commissioner of Income-tax. Under the circumstances, we have to request your Honours to adjourn the hearing of the captioned appeals for the time being and oblige.
We trust that our reasonable request will be acceded to and we regret the inconvenience caused.
We noted that the assessee in these two appeals want to avail Vivad se Vishwas Scheme for resolution of the above captioned appeals and assessee has already filed applications in Form No. 1 & 2 with the designated authority under section 2 of the Vivad se Vishwas Act, 2020. When this fact was confronted to ld. CIT-DR, he stated that the Tribunal can take decision.
In view of the above and after hearing both the sides and going through the facts, we dismiss this appeal as withdrawn, subject to assessee’s right for revival of the appeal in case due to some unforeseen reasons, the matter is not settled under the Vivad se Vishwas scheme. The assessee is at liberty to approach the Tribunal for restoration of his appeal in that event. This issue is settled by Hon’ble Madras High Court in the case of M/s Nannusamy Mohan (HUF) vs. ACIT (TCA
In the result, both the appeals of the assessee are dismissed as withdrawn.
Order pronounced in the open court on 12.01.2021