P.PACHIYAPPAN,KANCHEEPURAM vs. JCIT, KANCHEEPURAM

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ITA 491/CHNY/2020Status: DisposedITAT Chennai30 November 2021AY 2016-173 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The Tribunal dismissed the appeal as withdrawn based on the assessee's decision to settle the dispute under the Vivad se Vishwas Scheme. Liberty was granted to restore the appeal if the application was rejected.

What were the facts?

The assessee filed an appeal before the ITAT. During the pendency of the appeal, the assessee opted for the 'Vivad se Vishwas Scheme, 2020' to settle the dispute. The Department accepted the application and issued Form 5.

What were the issues?

Whether the appeal should be dismissed as withdrawn when the assessee has opted for the Vivad se Vishwas Scheme to settle the dispute.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI

Before: SHRI MAHAVIR SINGH, VICE- & SHRI G.MANJUNATHA

Hearing: 30.11.2021

order passed by the learned CIT(A)-7, Chennai dated 11.12.2019 and pertains to assessment year 2016-17.

2.

We have heard learned counsel for the assessee and learned 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 to 5 issued by the Department under ‘Vivad se Vishwas Scheme, 2020’ and submitted that the assessee has availed the VSVS scheme to settle its pending dispute. The ld. counsel for the assessee further submitted that the Department has accepted application filed by the assessee and issued Form 5 quantifying amount of taxes payable under VSVS scheme. Therefore, the ld. counsel for the assessee submitted that the appeal filed by the assessee may be dismissed as withdrawn. The ld. DR, on the other hand, has no objection for dismissing the appeal as the Designated Authority has issued Form 5. Therefore, considering the fact that the assessee has filed application for withdrawal of appeal and has also filed Form 5 issued by the Department, we dismiss the appeal filed by the assessee as withdrawn. However, a liberty is given to the assessee to restore the appeal, in case the application filed by the assessee before the Designated Authority, is rejected for any reason.

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