T.V.SUNDARAM IYENGAR & SONS PRIVATE LIMITED,MADURAI vs. DCIT CORPORATE CIRCLE 2, MADURAI

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ITA 1574/CHNY/2017Status: DisposedITAT Chennai08 December 2021AY 2007-083 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal permitted the assessee to withdraw the appeals as they had opted for the Vivad se Vishwas Scheme. Liberty was granted to restore the appeals if the application under the scheme was rejected.

What were the facts?

The assessee filed appeals against the orders of the CIT(A) for assessment years 2007-08 and 2009-10. During the hearing, the assessee informed the tribunal that they had availed the 'Vivad se Vishwas Scheme' to settle the disputes.

What were the issues?

Whether the appeals should be withdrawn by the assessee due to opting for the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI

Before: SHRI MAHAVIR SINGH & SHRI G. MANJUNATHA

Hearing: 08.12.2021Pronounced: 08.12.2021

आदेश / O R D E R

PER G. MANJUNATHA, ACCOUNTANT MEMBER:

1.

These appeals filed by the assessee are directed against the order of the Commissioner of Income Tax (Appeals)-1, Madurai, dated 24.03.2017 & 19.04.2017 pertains to assessment years 2007-08 & 2009-10 respectively.

2.

We have heard the ld.AR for the assessee and the ld. DR and also perused the materials available on record. At the time of hearing, learned counsel for the assessee has filed a letter along with Form No.3 & 1576/Chny/2017 :: 2 ::

issued by the Department under ‘Vivad se Vishwas Scheme, 2020’ and submitted that the assessee has availed the VSVS scheme to settle its pending disputes. The ld.AR for the assessee further submitted that the Department has accepted applications filed by the assessee and issued Form 3 quantifying amount of taxes payable under VSVS scheme.

Therefore, the ld.AR for the assessee submitted that the assessee may be permitted to withdraw the appeals. The ld.DR on the other hand has no objection for withdrawing appeals filed by the assessee. Therefore, considering the fact that the assessee has filed application for withdrawal of appeals and has also filed Form 3 issued by the Department, we dismiss the appeals filed by the assessee as withdrawn.

However, a liberty is given to the assessee to restore the appeals, in case the application filed by the assessee before the Designated Authority, is rejected for any reason.

3.

In the result, the appeals filed by the assessee are dismissed as withdrawn.

Order pronounced on the 08th day of December, 2021, in Chennai.

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