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Income Tax Appellate Tribunal, “H” 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: These appeals of assessee is arising out of the orders of the Commissioner of Income Tax (Appeals)]-53, Mumbai [in short CIT(A)], & 130/M/20 KG Corporation Ltd. Page | 2 dated 15.12.2017 & 25.10.2019. The assessment was framed by the Dy. Commissioner of Income Tax (in short DCIT/ AO) for the A.Y. 2014-15 vide order dated 28.12.2016 under section 143(3) of the Income-tax Act, 1961 (hereinafter ‘the Act’).
The assessee has moved petition seeking withdrawal of the appeal on the ground that the matter is settled under Vivad Se Vishwas Scheme 2020.
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 02.11.2020. 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 & 130/M/20 KG Corporation Ltd. Page | 3 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 last date with declaration before designated or competent authority in accordance with the provisions of Section 4 in respect of tax arrears. Then, notwithstanding anything contained in the Income Tax Act, 1961 or any other law for the time being in force, the amount payable by the declarant shall be determined in terms of section 3 of direct tax ‘Vivad Se Viswas Scheme Act 2020’.
In view of the facts that the assessee has submitted form No.3 issued by the competent authority under direct tax ‘Vivad Se Viswas Scheme-2020’, we dismiss this appeal of assessee as withdrawn.
In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 18.12.2020