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Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: HON’BLE SHRI AMARJIT SINGH, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
1 Priyam Jhaveri Assessment Year: 2015-16 आयकर अपीलीय अधिकरण “एक-सदस्य मामला” न्यायपीठ म ुंबई में। IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI माननीय श्री अमरजीत स िंह, न्यायिक सदस्य एवुं माननीय श्री मनोज कुमार अग्रवाल ,लेखा सदस्य के समक्ष। BEFORE HON’BLE SHRI AMARJIT SINGH, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM (Hearing through Video Conferencing Mode) आिकरअपील सं./ (धििाारण वर्ा / Assessment Year: 2015-16) Priyam Jhaveri DCIT-2(2)(2) बिाम/ 6th Floor, Nanavati Mahalya Aaykar Bhawan, MK Road 18, Homi Modi Street Mumbai -400 020. Vs. Fort, Mumbai - 400 001. स्थािीलेखासं./जीआइआरसं./PAN/GIR No. AAAPJ -7656-B (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee by : Shri Ravi Changani-Ld. AR Revenue by : Shri Sanjay J. Sethi-Ld. DR सुनवाई की तारीख/ : 22/12/2020 Date of Hearing घोषणा की तारीख / : 22/12/2020 Date of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
Aforesaid appeal by assessee for Assessment Year 2015-16 contests the order of learned first appellate authority on certain grounds of appeal
2. The Ld. AR for assessee, at the outset, submitted that the assessee is opting for Vivad Se Vishwas Scheme (VVS Scheme) and therefore, wishes to withdraw the appeal. The Ld. DR did not object to the same.
3. Keeping in view the aforesaid submissions and in terms of decision of Hon’ble Madras High Court in M/s Nannusamy Mohan (HUF) V/s 2 Priyam Jhaveri Assessment Year: 2015-16 ACIT (TCA NO. 372 of 2020) dated 16/10/2020, the bench deem it fit to dismiss the appeal as withdrawn. Accordingly, going by the said decision, since the assessee is opting for VVS Scheme, the appeal stand dismissed as withdrawn. However, the assessee is given liberty to seek restoration of this appeal in the event the ultimate decision to be taken on the declaration filed by the assessee u/s 4 of The Direct Tax Vivad Se Vishwas Act, 2020 is not in favor of the assessee. If such prayer is made, the registry shall entertain the prayer forthwith without insisting upon any application to be filed for condonation of delay in restoration of the appeal and on such request being made by the assessee by filing a miscellaneous application for restoration, the registry shall place such petition before the bench for orders.
4. In view of the foregoing, the appeal stands dismissed as withdrawn.