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Income Tax Appellate Tribunal, “B” BENCH, MUMBAI
Before: SHRI M. BALAGANESH & SHRI PAVAN KUMAR GADALE
सुनवाई क� तार�ख / Date of Hearing 05/01/2021 घोषणा क� तार�ख /Date of Pronouncement 06/01/2021 आदेश / O R D E R PER PAVAN KUMAR GADALE: The assessee has filed the appeal against the order of the Commissioner of Income Tax (Appeals) - XXVIII, Mumbai, passed u/s. 143(3) and 250 of the Income Tax Act, 1961.
At the time hearing, the Ld. AR of the assessee submitted that the assessee is intended to settle the tax litigation by opting for ‘Vivad se Vishwas Scheme /Mum/2008 Mr. Nazim & Manekia. - 2 - 2020’(VSVS2020) and filed an application in Form No. 1 & 2 under VSVS Rules 2020. Contra, the Ld. DR has no objections.
We heard the rival contentions and perused the material on record. Since the assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and has filed an application as envisaged by the Ld.AR. We are of the view that, no purpose will be served in keeping the appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order in accordance with the provisions of law.
In the result, the appeal filed by the assessee is dismissed.
Order pronounced in the open court on 06.01.2021