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Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: SHRI MAHAVIR SINGH, VP & SHRI M. BALAGANESH, AM
आदेश / O R D E R महावीर स िंह, उपाध्यक्ष के द्वारा / PER MAHAVIR SINGH, VP: This appeal of assessee is arising out of the order of the Commissioner of Income Tax (Appeals)]-40, Mumbai [in short CIT(A)], dated 16.05.2019. The assessment was framed by the Income Tax Officer (in short ITO/ AO) for the A.Y. 2009-10 vide order dated 04.03.2015 under section 143(3) of the Income-tax Act, 1961 (hereinafter ‘the Act’).
The Learned Departmental Representative does not oppose the prayer so made by the assessee.
We have heard the learned Departmental Representative Shri. T.S. Khalsa and also perused the letter of the assessee dated 04.12.2020. In the letter, the assessee has opted to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.
We find that the assessee has enclosed the copy of application of Form No. 3 under section 5(1) of the Direct Tax ‘Vivad Se Viswas Scheme-2020’ filed before the competent authority. We noted that once the assessee has opted for ‘Vivad Se Viswas Scheme-2020’ and filed Form-3 under the ‘Vivad Se Viswas Scheme-2020’ with the competent authority and the competent authority has issued Form No.3, it is not necessary for the Tribunal to decide the above raised issue as the Govt. of India has enacted the direct tax Vivad Se Viswas Scheme Act 2020 to provide for resolution of dispute mechanism in regard to direct tax disputes and for matters connected therewith or incidental thereto. In terms of the said Act, the assessee has been given an option to put an end to the tax disputes which may be pending at different levels including the Income Tax Appellate Tribunal. Under section 25 of the Direct Tax ‘Vivad Se Viswas Scheme- 2020’ disputed tax has been defined and also in terms of Section 3, a declarant means a person who has filed a declaration on or before the