BHARAT PETROLEUM CORPORATION LTD.,MUMBAI vs. DY CIT CIRCLE-2(1)(1), MUMBAI

These are cross appeals by the assessee and the Revenue for assessment years 2012-13 and 2013-14. by the Revenue and Commissioner of Income Tax (Appeals) -55 Mumbai [ in short ‘the CIT(A)] dated 15/10/2018 for assessment year 2012-13. ITA No.161/Mum/2019 by the Revenue and ITA No.7401/Mum/2018 by the assessee are against the order of CIT(A) -55, Mumbai dated 31/10/2018 for the assessment year 2013-14.

The assessee has filed letter dated 16/01/2021 stating that assessee has filed declaration under ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’) for resolution of all the four appeals. The approval from Department in Form – 3 is awaited. Shri Mayur Singhal, General Manager (Taxation) of the assessee company stated that assessee has opted for VSVS. The assessee may be permitted to withdraw the appeals with liberty to revive the appeals incase the declaration made under ‘VSVS’ is not accepted.

Shri Sunil Deshpande, representing the Department stated that the Department has no objection if the assessee wants to withdraw its appeals to avail the benefit of ‘VSVS’.

Both sides heard. The assessee has opted for ‘VSVS’ for resolution of issues raised in cross appeals. In view of the statement made by Shri Mayur Singhal, General Manager (Taxation), the appeals by the assessee are dismissed as withdrawn at this stage. Since, the assessee has also opted for ‘VSVS’ in respect of cross appeals by the Revenue, the appeals filed by the Revenue have become infructuous and are dismissed, as such.

Liberty is granted to the assessee and Revenue to revive their respective appeals in the event application filed by the assessee under VSVS fails to mature. It is further made clear that if the assessee /Revenue seeks to restore the appeal(s) 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]

In the result, appeals by the assessee are dismissed as withdrawn and appeals by the Revenue are dismissed having become infructuous.