MAHENDRA KUMAR,THIRUKALIKUNDRAM vs. ITO NON CORPORATE WARD-22(3), CHENNAI

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ITA 602/CHNY/2020Status: DisposedITAT Chennai22 February 2022AY 2015-162 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the Vivad-se-Vishwas Scheme and the Designated Authority had issued the necessary form. Therefore, the appeal was to be dismissed as withdrawn.

What were the facts?

The assessee opted for the Vivad-se-Vishwas Scheme 2020 to settle a disputed tax matter. The Designated Authority issued Form No. 5 for this settlement.

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Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad-se-Vishwas Scheme.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

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

Hearing: 22.02.2022Pronounced: 22.02.2022

O R D E R

PER V. DURGA RAO, JUDICIAL MEMBER:

1.

This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals) 10, Chennai dated 28.01.2020 relevant to the assessment year 2015-16.

2.

When the appeal was taken up for hearing, by filing Form No. 5 towards opting to avail the Vivad-se-Vishwas Scheme 2020 for settlement of disputed tax vide his e-mail letter dated 22.02.2022, the ld. Counsel for the assessee has prayed that the appeal filed by the assessee may be deemed to be withdrawn against which the ld.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.

3.

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 the Designated Authority has issued Form No. 5 for the settlement of pending tax dispute. In view of the above facts and circumstances, the appeal filed by the assessee is liable to be dismissed as withdrawn.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.

4.

In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced on 22nd February, 2022 at Chennai.

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