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Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI
Before: SHRI VIKAS AWASTHY & SHRI S.RIFAUR RAHMAN.
आदेश/ ORDER
This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-26, Mumbai ( in short ‘the CIT(A)’) dated 21/12/2018 for the assessment year 2009-10.
The assessee has furnished a letter dated 11/01/2021 stating that the assessee has filed a declaration under ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’) and is awaiting the acceptance of the same. The relevant extracts of the letter is reproduced herein below:
The Registrar, Bench SMC II Income Tax Appellate Tribunal Mumbai. Sub: Appeal No. 1TA 4578/MUM/2019 Kashyap P. Nandwana Vs. ITO 27(2)(1), Mumbai Assessment Year 2009-2010 PAN NO: ADRPN0435C Dear Sir, Above appeal is fixed for hearing today. I have applied for settlement under Vivad Se Vishwas Scheme and have filed Form No. 1 dated 09-01-2021. A copy of Form-1 and Form 2 duly acknowledged vide receipt no. 157838641090121 is enclosed herewith. I have not received Form - 3 from CIT confirmation of Vivad se Vishwas Settlement scheme and I am waiting for the same. I kindly therefore request your honor to adjourn the hearing and refix the same after a month and oblige. Thanking you,
Shri Sanjay Sethi, representing the Department stated that the Department has no objection if the assessee wants to withdraw the appeal to avail the benefit of ‘VSVS’.
In view of the fact that the assessee has opted for VSVS, the appeal of the assessee is dismissed.
Liberty is granted to the assessee to revive 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 of assessee is dismissed with liberty, aforesaid.
Order pronounced in the open Court on Tuesday, the 12th day of January, 2021.