MEHUL JITENDRA THAKKAR,MUMBAI vs. ITO 33 (2)(2), MUMBAI

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-45, Mumbai (in short ‘the CIT(A)’) dated 14/11/2018 for the assessment year 2013-14.

Shri Rashmikant Modi, appearing on behalf of the assessee submitted that the assessee has filed an application dated 07/04/2020 opting for ‘Viwad Se Vishwas Scheme, 2020’( in short ‘’VSVS’). The ld. Authorized Representative for the assessee placed on record Form No.1 filed under the aforesaid scheme. The ld. Authorized Representative for the assessee stated at the Bar that in view of the application filed by the assessee under VSVS, the present appeal may be dismissed as withdrawn at this stage with liberty to approach the Tribunal in case the application is rejected.

Ms. Smita Verma, representing the Department has no objection for withdrawal of the appeal at this stage.

Heard. In light of the fact that the assessee has made an application under VSVS and the statement made by ld. Authorized Representative for the assessee at Bar, the appeal of the assessee is dismissed as withdrawn at this stage.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 [ Re. M/s. Nannusamy Mohan(HUF) vs. ACIT in T.C.A No.372 of 2020 decided on 16/10/2020 by the Hon’ble Madras High Court]

The appeal of assessee is dismissed as withdrawn with the liberty aforesaid. Order pronounced on Wednesday the 4th day of November, 2020.