ACIT, NCC-22,, CHENNAI vs. SHRI ANTONY GOMEZ MARIADOSS,, CHENNAI

order passed by the learned CIT(A)-10, Chennai, dated 08.11.2019 and pertain to assessment year 2012-13.

At the time of hearing, none appeared on behalf of the 2. assessee. We have heard learned DR and also perused the materials available on record. The assessee has filed Form No.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 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 Therefore, the assessee submitted that appeal filed by the Revenue may be dismissed as withdrawn.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the fact that the assessee has filed Form 5 issued by the Department, we dismiss appeal filed by the Revenue as withdrawn.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.