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Income Tax Appellate Tribunal, MUMBAI ‘D’ BENCH, MUMBAI
O R D E R Per Bench :
1. 1. By way of this appeal, the Assessing Officer has challenged correctness of the order dated 20.13.2017, passed by the learned CIT(A)-16, Mumbai in the matter of assessment u/s.143(3) rof the Income Tax Act, 1961, for the assessment year 2008-09.
2. When this appeal was called out for hearing, it is noticed that the assessee has filed the necessary declaration under Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) has is awaiting for final resolution of the matter under the said scheme.
3. The ld. DR also did accept our suggestion that this appeal can be dismissed, with the liberty to the assessee to approach the Tribunal, if for some unforeseen reason, there are issues with respect to settlement of the matter under Vivad se Vishwas scheme, 2020.
Assessment Year: 2012-13 Page 2 of 2
In view of the above, we dismiss the appeal as withdrawn, subject to be rider that in the unlikely event of matter not being resolved under the Vivad se Vishwas scheme, the assessee shall have liberty to approach the Tribunal for restoration of his appeal.
In the result, the appeal is dismissed as withdrawn – subject to the observation above. Pronounced in the open court today on the 22nd December, 2020.