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Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI
Before: SHRI VIKAS AWASTHY
आदेश/ ORDER
This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-44, Mumbai ( in short ‘the CIT(A)’) dated 14/03/2019 for the assessment year 2011-12.
A letter dated 28/12/2020 has been submitted on behalf of the assessee intimating that the assessee is opting for ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’).
Shri Sanjay J. Sethi, representing the Department stated that the Department has no objection if the assessee is opting for VSVS.
In view of the fact the assessee is opting for VSVS the appeal of assessee is dismissed at this stage.
Liberty is granted to the assessee to revive 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 is dismissed with the liberty aforesaid.
Order pronounced in the open court on Wednesday the 30th day of December, 2020.