RAJESH NATWARLAL SHAH,MUMBAI vs. ITO 27 (3)(1), MUMBAI

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-25, Mumbai ( in short ‘the CIT(A)’) dated 20/05/2019 for the assessment year 2010-11.

The ld. Authorized Representative for the assessee has filed a letter dated 02/01/2021 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:

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In view of the fact that the assessee has opted for VSVS, the appeal of the assessee is dismissed as withdrawn at this stage.

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The appeal of assessee is dismissed as withdrawn with the liberty aforesaid