HOTEL BALWAS PVT. LTD,MUMBAI vs. DCIT-5(1)(2), MUMBAI

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-10, Mumbai ( in short ‘the CIT(A)’) dated 30/10/2018 for the assessment year 2013-14.

The assessee has filed an application dated 16/12/2020 intimating that the assessee is contemplating to opt for ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’).

Shri Gurbinder Singh, representing the Department stated that the Department has no objection if the assessee wants to avail the benefit of ‘VSVS’.

Heard. In view of the fact that the assessee is opting for VSVS the appeal of assessee is dismissed at this stage.

Liberty is granted to the assessee to restore 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 at this stage with the liberty aforesaid.