ARUN RAMKUMAR EDUCATIONAL TRUST,CHENNAI vs. DDIT EXEMPTIONS III, CHENNAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal dismissed the appeal as withdrawn, noting that the assessee had applied for withdrawal and the Department had issued Form No. 5 under the VSVS scheme. Liberty was granted to restore the appeal if the application before the Designated Authority was rejected.
What were the facts?
The assessee filed an appeal before the ITAT. During the hearing, the assessee's counsel submitted that the assessee had availed the 'Vivad se Vishwas Scheme, 2020' to settle pending disputes. The Department had accepted the application and issued Form No. 5.
What were the issues?
The primary issue was whether the appeal should be dismissed as withdrawn due to the assessee opting for the 'Vivad se Vishwas Scheme'.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI
Before: SHRI V. DURGA RAO, HON’BLE & SHRI G. MANJUNATHA, HON’BLE
आदेश / O R D E R PER G. MANJUNATHA, AM: This appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Appeals)-17, Chennai, dated 29.01.2019 and pertains to assessment year 2010-11.
We have heard learned counsel for the assessee and learned DR and also perused the materials available on record. At the time of hearing, learned counsel for the assessee has filed a letter along with Form No.5 issued by the Department under ‘Vivad se Vishwas Scheme, 2020’ and submitted that the assessee has availed the VSVS scheme to settle its pending disputes. The ld. counsel for the assessee further submitted that the Department has accepted application filed by the assessee and issued Form No.5 quantifying amount of taxes payable under VSVS scheme.
Therefore, the ld. counsel for the assessee submitted that the appeal filed by the assessee may be dismissed as withdrawn. The ld. DR, on the other hand, has no objection for dismissing the appeal as the Designated Authority has issued Form No.5. Therefore, considering fact that the assessee has filed application for withdrawal of appeal and has also filed Form No.5 issued by the Department, we dismiss appeal filed by the assessee as withdrawn. However, a liberty is given to the assessee to restore the appeal, in case application filed by the assessee before the Designated Authority, is rejected for any reason.
In the result, appeal filed by the assessee is dismissed as withdrawn.
Order pronounced on the 29th day of September, 2022, in Chennai.
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