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Income Tax Appellate Tribunal, VIRTUAL COURT
Before: SHRI S.S. GODARA & SHRI M.BALAGANESH
PER S.S.GODARA (J.M): This Revenue’s appeal for A.Y.2010-11 arises from Mumbai’s order of Commissioner of Income Tax (Appeals)-37, in case No.CIT(A)-37/IT-206/ITO 25(2)(2)/2015-16 dated 27/02/2017, in proceedings u/s.143(3) r.w.s. 147 of the Income Tax Act, 1961 [hereinafter referred to as Act].
Heard both the parties. Learned authorised representative states very fairly at the outset that this assessee has filed a petition for availing settlement benefit under the “Vivad se Vishwas Scheme 2020”. His case therefore is that the instant appeal we kept in abeyance. We are of the opinion in this factual backdrop that the instant Revenue’s appeal deserves to be dismissed as infructuous once the assessee has opted for the above stated settlement benefit. We order accordingly. We make it clear that the instant appeal shall stand revived at the Revenue’s behest in case the assessee fails to avail the settlement benefit under the aforesaid scheme within the prescribed time period there under.
This Revenue’s appeal is dismissed as rendered infructuous in above terms.
Order pronounced in the open court on this 14/10 /2020