SMT. RAMILA DEVI BABULAL,CHENNAI vs. ITO, NCW - 6 (1), CHENNAI

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ITA 3209/CHNY/2019Status: DisposedITAT Chennai22 March 2022AY 2012-133 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal decided that in view of the assessees opting for the Vivad-se-Vishwas Scheme, the appeals filed are liable to be dismissed as withdrawn. However, the assessees can approach the Tribunal if any prejudice is caused regarding the settlement.

What were the facts?

The assessees opted for the Vivad-se-Vishwas Scheme 2020 for settlement of disputed tax. The Designated Authority issued Form No. 5 for the settlement of pending tax disputes.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad-se-Vishwas Scheme.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

Before: Shri V. Durga Rao & Shri G. Manjunatha

Hearing: 22.03.2022Pronounced: 22.03.2022

Heard together (2 matters)

I.T.A. No.3209/Chny/2019
I.T.A. No.3210/Chny/2019

Read from the judgment's own cause title. This page is filed under one of them.

O R D E R PER BENCH: Both the appeals filed by different assessees are directed against different orders of the ld. Commissioner of Income Tax (Appeals) 5, Chennai dated 01.10.2019 and 03.10.2019 respectively relevant to the assessment year 2012-13.

2.

When both the appeals were taken up for hearing, none appeared on behalf of the assessee or filed any adjournment petition despite various notices issued. However, by filing Form No. 1 to Form No. 5 towards opting to avail the Vivad-se-Vishwas Scheme 2020 for settlement of disputed tax vide his e-mail letter dated 29.11.2021, both the assessees have prayed that the appeal filed may be deemed to be withdrawn. After hearing the ld. DR, we proceed to decide the appeals on merits.

3.

We have heard the ld. DR and perused the materials available on record. In this case, both the assessees have opted for the Vivad-se- Vishwas Scheme 2020 and the Designated Authority has issued Form No. 5 for the settlement of pending tax dispute. In view of the above facts and circumstances, both the appeals filed by the assessee are liable to be dismissed as withdrawn. However, it is open to the assessees 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.

4.

In the result, both the appeals filed by the assessee are dismissed as withdrawn.

Order pronounced on 22nd March, 2022 at Chennai.

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