Form No. 3 issued by the Income Tax Department under VSVS,2020.

This judgement concerns an appeal filed by the Revenue against an assessment order. The assessee had filed a declaration under the Direct Tax Vivad Se Vishwas Scheme, 2020, and received Form No. 3 from the Income Tax Department. Following precedent from the Madras High Court, the Tribunal dismissed the Revenue's appeal as infructuous, with liberty to seek restoration if the assessee's declaration is deemed void.

IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI BENCH “C” MUMBAI

BEFORE SHRI C.N. PRASAD (JUDICIAL MEMBER) AND
SHRI N.K. PRADHAN (ACCOUNTANT MEMBER)

ITA No. 7678/MUM/2016
Assessment Year: 2009-10

DCIT, Central Circle-8(1),
Room No. 656, 6th floor,
Aayakar Bhavan, M.K. Road,
Mumbai-400 020.
PAN No. AAECP 8957 E
Appellant 

Vs.

M/s Premium Transport Pvt.
Ltd.,
31, Chowringhee Road, Park
Street,
Kolkata-700 016
Respondent

Revenue by : Ms. Shreekala Pardeshi, DR
Assessee by : Mr. Jas Sanghavi, AR

Date of Hearing : 11/02/2021
Date of Pronouncement : 11/02/2021

ORDER

PER N.K. PRADHAN, A.M.

This is an appeal filed by the Revenue. The relevant assessment year is2009-10. The appeal is directed against the order of the Commissioner ofIncome Tax (Appeals)-50, Mumbai [in short ‘CIT(A)’] and arises out ofassessment completed u/s 143(3) r.w.s. 153C the Income Tax Act 1961, (the ‘Act’).

2. The Ld. counsel for the assessee submits that the Respondent has filed declaration under the Direct Tax Vivad Se Vishwas Scheme, 2020 and Form No. 3 has been issued by the Income Tax Department.

 We drew the attention of the Ld. Departmental Representative to the above submission. 

3. We have heard the Ld. counsels and perused the relevant materials onrecord. The Government of India enacted the Direct Tax Vivad Se VishwasAct, 2020 (Act No. 3 of 2020) to provide for resolution of disputed tax andfor matter connected therewith or incidental thereto. The Act of the Parliament received the assent of the President on 17.03.2020 and was published in the Gazette of India on 17.03.2020. In terms of the said Act, theassessee has been given an option to put an end to the tax disputes, whichmay be pending at different levels either before the First AppellateAuthority or before the Tribunal or before the High Court or before the Supreme Court of India.

Considering the statement of the Ld. counsel and keeping in view thedecision of the Hon’ble Madras High Court in the case of M/s NannusamyMohan (HUF) v. ACIT (TCA No. 372 of 2020, order dated 16.10.2020), we are inclined to dismiss this appeal filed by the Revenue as infructuous.However, liberty is granted to the Revenue to seek the restoration of theappeal in the event the declaration filed by the assessee under the aforesaidAct is considered void by the Department. It is further made clear, in sucheventuality, if the Revenue seeks restoration of the appeal by filing miscellaneous application, the delay if any would be condoned without insisting upon filing any application for condonation of delay.

4. In the result, the appeal filed by Revenue is dismissed as infructuous subject to the observation above.

Order pronounced in the open Court on 11/02/2021.

 Sd/-                                                         Sd/-
(C.N. PRASAD)                                       (N.K. PRADHAN)
JUDICIAL MEMBER                               ACCOUNTANT MEMBER 

Mumbai;Dated: 11/02/2021
Rahul Sharma, Sr. P.S.

Copy of the Order forwarded to :
1. The Appellant
2. The Respondent.
3. The CIT(A)-
4. CIT
5. DR, ITAT, Mumbai
6. Guard file.
 
BY ORDER,
//True Copy//
 (Dy./Assistant Registrar)
 ITAT, Mumbai