MODEM ENTERPRISES,POLLACHI vs. ITO, WARD-2, POLLACHI

This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals) 3, Coimbatore, dated 06.03.2019, relevant to the assessment year 2013-14.

The appeal filed by the assessee is delayed by one day in filing the appeal before the Tribunal. By filing a petition for condonation of delay in the form of an Affidavit explaining the reasons for the delay, the ld. Counsel for the assessee has prayed for condoning the delay and admitting the appeal for adjudication. The ld. DR has not seriously object to the submissions of the ld. Counsel. Since the assessee was prevented by reasonable cause for the delay in filing the appeal before the Tribunal, the one day delay is condoned and admitted the appeal for adjudication.

When the appeal was taken up for hearing, by filing 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5 is yet to be issued by the Designated Authority and prayed that the appeal filed by the assessee may be deemed to be withdrawn against which the ld.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. 4. 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In view of the above facts and circumstances of the case, the appeal filed by the assessee is liable to be dismissed as withdrawn.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.

In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced on the 30th August, 2022 in Chennai.