ANANDRAJ BAMBOLY (HUF),CHENNAI vs. ITO, NCW - 10 (1), CHENNAI

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ITA 3377/CHNY/2019Status: DisposedITAT Chennai29 November 2021AY 2013-143 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The tribunal dismissed the appeals filed by the assessee as withdrawn, considering the assessee's application and the issuance of Form 3 by the Department. Liberty was granted to restore the appeals if the application before the Designated Authority was rejected.

What were the facts?

The assessee filed appeals before the ITAT. At the time of hearing, the assessee informed the tribunal that they had availed the 'Vivad se Vishwas Scheme, 2020' to settle the pending disputes. The Department had accepted the application and issued Form 3.

What were the issues?

The primary issue was the withdrawal of appeals due to the assessee opting for the Vivad se Vishwas Scheme for dispute resolution.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI

Before: SHRI MAHAVIR SINGH & SHRI G. MANJUNATHA

Hearing: 29.11.2021Pronounced: 29.11.2021

O R D E R

PER G. MANJUNATHA, ACCOUNTANT MEMBER:

These appeals filed by the assessee are directed against order passed by the learned Commissioner of Income Tax (Appeals)-12, Chennai, dated 09.09.2019 and pertains to assessment years 2014-15.

:-2-: 3376 & 3377/Chny/2019 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 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. counsel for the assessee further submitted that the Department has accepted application filed by the assessee and issued Form 3 quantifying amount of taxes payable under VSVS scheme. Therefore, the ld. counsel for the assessee submitted that the appeals filed by the assessee may be dismissed as withdrawn. The ld. DR, on the other hand, has no objection for dismissing the appeals as the Designated Authority has issued Form 3. 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-: 3376 & 3377/Chny/2019 3. In the result, the appeals filed by the assessee are dismissed as withdrawn.

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