ACIT, CHENNAI vs. S.JAYABALAN, CHENNAI

This appeal filed by the Revenue is directed against the order of the ld. Commissioner of Income Tax (Appeals)-V, Chennai dated 22.09.2014 relevant to the assessment year 2009-10.

When this appeal was taken up for hearing, by filing withdrawal application, the learned Counsel for the assessee has submitted that the assessee has opted to avail the Vivad-se-Vishwas Scheme 2020 and Form No. 3 was also issued. He has further submitted that the appeal filed by the Revenue may be permitted to be withdrawn against which the ld. DR has not opposed to the submissions of the learned Counsel.

We have heard both the sides. In this case, the assessee has opted for the Vivad-se-Vishwas Scheme 2020 and the Designated Authority has issued Form No.3 for the settlement of pending tax dispute. In view of the above facts and circumstances, the appeal filed by the Revenue is liable to be dismissed as withdrawn. However, it is open to the Department 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In the result, the appeal filed by the Revenue is dismissed as withdrawn. Order pronounced on 09th December, 2021.