What did the Tribunal hold?

The tribunal noted that the assessee had paid the tax amount as per the scheme and requested withdrawal of the appeal. Consequently, the tribunal dismissed the appeal as withdrawn.

The assessee filed an appeal for the assessment year 2009-10. At the time of hearing, the assessee expressed a desire to utilize the Direct Taxes Vivad se Vishwas Scheme, 2020, to settle the dispute.

What were the issues?

The primary issue was the assessee's intention to settle the tax dispute through the Vivad se Vishwas Scheme and the subsequent withdrawal of the appeal.

M/S. Bherulal & Sons (HUF) vs ITO | ITAT Chennai 2022

Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI

Before: SHRI MAHAVIR SINGHAND SHRI MANOJ KUMAR AGGARWAL

Hearing: 29.03.2022Pronounced: 29.03.2022

आदेश /O R D E R PER MAHAVIR SINGH, VP: This appeal filed by the assessee is directed against the order of learned Commissioner of Income Tax (Appeals)-5, Chennai in dated 19.08.2019 for the assessment year 2009-10.

At the time of hearing, the ld.AR for the assessee stated that the assessee wants to utilize the Direct Taxes ‘Vivad se Vishwas Scheme, 2020’ to settle pending disputes relating to Direct Taxes. It was also stated that the assessee had paid the tax amount as per Form 3 and in this regard, submitted Form 5 issued by PCIT along with a letter dated 28.03.2022 and requested for withdrawal of appeal. Therefore, once the assessee has filed Form 5 and settled pending disputes regarding direct taxes, then there is no point in keeping appeal filed by the assessee and hence, we dismiss the appeal filed by the assessee as withdrawn.

In the result, the appeal filed by the assessee is dismissed as withdrawn.

Order pronounced in the open court on 29th March, 2022 at Chennai.

M/S. BHERULAL & SONS (HUF),CHENNAI vs. ITO, NCW - 5, CHENNAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Recent GST High Court judgments