ANIL KUMAR CHOUDHARY,CHENNAI vs. ACIT NON CORPORATE CIRCLE 23(1), CHENNAI
What did the Tribunal hold?
The Tribunal noted that the assessee opted for the Vivad-se-Vishwas Scheme. Therefore, the appeals were liable to be dismissed as withdrawn.
What were the facts?
The assessee opted for the Vivad-se-Vishwas Scheme 2020 for settlement of disputed tax. The Designated Authority issued necessary forms for settlement in both assessment years.
What were the issues?
Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad-se-Vishwas Scheme.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 Manoj Kumar Aggarwal
O R D E R
PER V. DURGA RAO, JUDICIAL MEMBER:
Both the appeals filed by the assessee are directed against separate orders of the ld. Commissioner of Income Tax (Appeals)-10, Chennai dated 25.03.2019 and 19.03.2019 relevant to the assessment years 2014-15 and 2015-16 respectively.
When the appeals were taken up for hearing, none appeared on behalf of the assessee or filed any adjournment petition. However, the assessee has brought on record Form No. 3 to Form No. 5 towards opting to avail the Vivad-se-Vishwas Scheme 2020 for settlement of disputed tax in both the assessment years. 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 both the assessment years. In view of the above facts and circumstances, the appeals filed by the assessee are liable to be dismissed as withdrawn.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In the result, both the appeals filed by the assessee are dismissed as withdrawn. Order pronounced on 16th December, 2021.
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