RAJENDRA KUMAR,ALLAHABAD vs. INCOME TAX OFFICE WARD -2(3), ALLAHABAD
What did the Tribunal hold?
The Tribunal allowed the assessee to withdraw the appeals. Consequently, the appeals were dismissed as withdrawn due to the settlement under the Vivad Se Vishwas Scheme.
What were the facts?
The assessee opted for the Vivad Se Vishwas Scheme to settle tax disputes for assessment years 2006-07 and 2007-08. The scheme application was approved by the department, and Form No. 5 was issued.
What were the issues?
Whether appeals can be withdrawn and dismissed as withdrawn when the assessee has opted for and been approved under the Vivad Se Vishwas Scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ALLAHABAD BENCH ‘SMC’ ALLAHABAD
Before: SHRI.VIJAY PAL RAO
PER SHRI VIJAY PAL RAO, JUDICIAL MEMBER:
These two appeals by the assessee are directed against two separate orders of the Ld. CIT(A)-Allahabad dated 13.08.2019 for the A.Ys. 2006-07 and 2007-08 respectively.
At the time of hearing, ld. Counsel for the assessee has stated at bar that the assessee has already opted for Vivad Se Vishwas Scheme and the application of the assessee has been approved by the Department by issuing Form No.5 for both the assessment years. The assessee has also filed the application dated 18.01.2021 for withdrawal of these appeals. Ld. Counsel has referred to the Form No.5 issued by the Pr. CIT and submitted that the appeals of the assessee may be allowed to be withdrawn. On & 121/ALLD/2019 Sri Rajendra Kumar the other hand, the ld. DR has not raised any objection if the appeals of the assessee are dismissed as withdrawn.
Accordingly, in view of the fact that the assessee has already opted for Vivad Se Vishwas Scheme to settle the dispute and outstanding dues for both the A.Ys. 2006-07 and 2007-08 and the application of the assessee under Vivad Se Vishwas Scheme has been approved by the competent authority (Pr. CIT) by issuing Form No.5, these two appeals of the assessee are allowed to be withdrawn and consequently the same are dismissed being withdrawn.
In the result, both the appeals filed by the assessee are dismissed as withdrawn.
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