MEHTA BROTHERS GEMS PVT. LTD,MUMBAI vs. ACIT(5)(2)(2), MUMBAI

At the outset, it is noticed that the assessee has opted for ‘Direct Tax Vivad Se Viswas Scheme, 2020’ by filing the application form Nos. 1 and 2 with the Department. From the records, it is noticed that the assessee has also received declaration order in From No. 3 vide acknowledgement Nos. i.e. 275418290260221 for AY 2008-09 and 273335470240221 for AY 2012-13. These appeals were filed before ITAT on 14.08.2019 and the appeals are pending for disposal. The appeals are pending and assessee is eligible for the ‘Direct Tax Vivad Se Viswas Scheme, 2020’. The assessee has requested for withdrawal of these appeals and seeks permission for the same vide letter dated nil.

After hearing the Ld. Sr. DR and perusing the records, it is noticed that the assessee is opting for ‘Direct Tax Vivad Se Viswas Scheme, 2020’ by filing form Nos. 1 and 2 and department also issued form No. 3 in both the years. In view of the decision of Hon'ble High Court of Madras in the case of Nannusamy Mohan (HUF) vs. ACIT in I.C.A. No.372 of 2020 dated 16.10.2020, wherein Hon'ble High Court after considering the intent of the assessee to avail the benefit of ‘Direct Tax Vivad Se Viswas Scheme, 2020’ has dismissed the appeal by observing in Para 7 to 9 as under: -

In the light of the above, we direct the appellant/ assessee to file the Form No.I on or before 20.11.2020 and the competent authority shall process the application/ declaration in accordance with the Act and pass appropriate orders as expeditiously as possible preferably within a period of 6 (6) weeks from the date on which the declaration is filed in the proper form.

With this declaration, the Tax Case appeal stands disposed of with the aforementioned liberty and Consequently the Substantial Question of Law are left upon. No costs.”