RAMASAMY PICHAMUTHU,KALLAKURICHI vs. ITO, WARD-2, VILLUPURAM
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal. Since the assessee opted for the Vivad Se Vishwas Scheme and settled the dispute, the appeal was dismissed as withdrawn.
What were the facts?
The assessee filed an appeal with a delay of 86 days. The assessee sought to avail the Vivad Se Vishwas Scheme 2020 to settle the dispute. The assessee paid the tax amount as per the scheme and requested withdrawal of the appeal.
What were the issues?
Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.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
Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI
Before: SHRI MAHAVIR SINGHAND Dr. M.L. MEENA
आदेश /O R D E R PER BENCH: This appeal filed by the assessee is directed against the order of learned Commissioner of Income Tax (Appeals)-Puducherry in dated 26.06.2019 for the assessment year 2011-12.
At the outset, it is noted that the appeal is filed with a delay of 86 days. The assessee has filed condonation petition for condoning the delay. The assessee has also filed a letter stating that the assessee wants to avail Vivad Se Vishwas Scheme 2020 and filed Form No.5 issued by PCIT. As the assessee approached the Department for availing ‘Vivad Se Viswas Scheme’ and on this count only, delay is condoned. The ld.DR has not objected to this. Hence, delay condoned and appeal admitted.
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 05.01.2022 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there is no point in keeping appeal filed by the assessee and hence, we dismiss the appeal filed by the assessee as withdrawn.
In the result, the appeal filed by the assessee is dismissed as withdrawn.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 8th March, 2022 at Chennai.
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