HEERA CHAND & SONS (HUF),CHENNAI vs. ITO, NCW - 4 (4), CHENNAI

This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals) 5, Chennai dated 30.09.2019 relevant to the assessment year 2013-14.

When the appeal was taken up for hearing, none appeared on behalf of the assessee or filed any adjournment petition despite service of notice [AD on record]. 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tax vide his letter dated 13.01.2022, the assessee has prayed that the appeal filed by the assessee may be deemed to be withdrawn.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, the assessee has opted for the Vivad-se-Vishwas Scheme 2020 and the Designated Authority has issued Form No. 3, Form No. 4 and 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 In view of the above facts and circumstances, the appeal filed by the assessee is liable to be dismissed as withdrawn.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.

In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced on 25th January, 2022 at Chennai.