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Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI
Before: SHRI VIKAS AWASTHY
आदेश/ ORDER
These two appeals by the assessee are directed against the order of Commissioner of Income Tax (Appeals)-3, Mumbai ( in short ‘the CIT(A)’) for the assessment year 2010-11( dated 24/02/2019) and assessment year 2011-12 (dated 22/02/2019), respectively.
2 3672/MUM/2019 (A.Y.2010-11& 2011-12) 2. Shri Anil Sathe, appearing on behalf of the assessee submitted that the assessee is opting for ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’) and has already filed requisite application in the prescribed form, therefore, these appeals may be dismissed as withdrawn at this stage. The liberty may be provided to the assessee to revive the appeals in case the matter fails to mature under ‘VSVS’.
Shri Sanjay J. Sethi, representing the Department stated that the Department has no objection if the assessee want to withdraw the appeals to avail the benefit of ‘VSVS’.
Heard. In view of the fact that assessee has made an application under VSVS the assessee is allowed to withdraw appeals at this stage. Thus, these appeals by the assessee are dismissed as withdrawn.
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 delayed 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The appeals of assessee are dismissed as withdrawn with the liberty aforesaid.
Order pronounced on Tuesday the 1st day of December, 2020.