K.M.PRAVEN,CHENNAI vs. ITO NON CORPORATE CIRCLE 5(4), CHENNAI

This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals)-5, Chennai dated 21.06.2018 relevant to the assessment year 2015-16.

When the appeal was taken up for hearing, by filing Form No. 1 to Form No. 4 towards opting to avail the Vivad-se-Vishwas Scheme 2020 for settlement of disputed tax, the ld. Counsel for the assessee has submitted that all taxes due are paid and Form No. 5 is yet to be issued by the Designated Authority and prayed that the appeal filed by the assessee may be deemed to be withdrawn against which the ld. DR has not opposed to the submissions of the learned Counsel.

We have heard both the sides, and perused the materials available on record. In this case, the assessee has opted for the Vivad-se-Vishwas Scheme 2020 and filed Form No. 1 to Form No.

It was the submissions of the ld. Counsel that all taxes due are paid and Form No. 5 is yet to be issued by the Designated Authority. The ld. DR has also fairly conceded the above submissions of the ld. Counsel. In view of the above facts and circumstances of the case, the appeal filed by the assessee is liable to be dismissed as withdrawn. However, it is open to the assessee to approach the Tribunal by filing an appropriate application in the event of any prejudice caused in respect of the settlement of tax dispute under the Vivad-se-Vishwas Scheme 2020.