2021 (8) TMI 1345 - AT - Income Tax

Benefit of Vivad Se Vishwas Scheme, 2020 - HELD THAT - As submitted by assessee, after re-evaluating the decision whether to opt for Vivad Se Vishwas Scheme, 2020, the assessee ultimately decided against it and preferred to pursue the appeal. In view of the fact that the assessee has decided against availing the benefit of the Vivad Se Vishwas Scheme, 2020 and wants to pursue the present appeal, we are inclined to recall the order 2020 (12) TMI 1352 - ITAT MUMBAI and restore the appeal to its original position. Registry is directed to fix the appeal for hearing in due course before the assigned Bench. Fresh date of hearing of the appeal should be intimated to both the parties.

Summary

Issues:
1. Application seeking recall of order dated 14.12.2020 passed in ITA No. 3656/Mum/2016.

Analysis:
The judgment pertains to an application filed by the assessee seeking the recall of an order dated 14.12.2020 passed in ITA No. 3656/Mum/2016. The appeal filed by the assessee was initially dismissed by the Tribunal after the Authorized Representative of the assessee indicated that the assessee was contemplating availing the benefit of the Vivad Se Vishwas Scheme, 2020. However, upon re-evaluation, the assessee decided against opting for the scheme and expressed the intention to pursue the appeal. Consequently, the Tribunal, considering the assessee's change in decision, decided to recall the order dated 15.02.2020 and restore the appeal to its original position. The Registry was directed to schedule the appeal for a fresh hearing before the assigned Bench, with the date of the hearing to be communicated to both parties.

In conclusion, the miscellaneous application seeking the recall of the order was allowed by the Tribunal, and the appeal was reinstated for further proceedings. The judgment was pronounced in an open court on 05.08.2021.