SHRI RAMESH KUMAR,CHENNAI vs. ITO, NCW - 6 (1), CHENNAI

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tax vide his e-mail letter dated 29.11.2021, both the assessees have prayed that the appeal filed may be deemed to be withdrawn.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.

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 In view of the above facts and circumstances, both the appeals filed by the assessee are liable to be dismissed as withdrawn.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.

In the result, both the appeals filed by the assessee are dismissed as withdrawn.