M/S. VRIDDHI CORPORATE FINANCE,,CHENNAI vs. ITO, NCW - 1 (2),, CHENNAI

This appeal filed by the assessee is against the order of the learned Commissioner of Income Tax (Appeals)-2, Chennai, in dated 17.02.2020 relevant to the Assessment Year 2014-15.

When the appeal was taken up for hearing, the ld. Counsel for the assessee has filed a copy of order dated 23.09.2021 passed by the Hon’ble Apex Court in M.A. No.665/2021 in SMW (C) No.3/2020 in connection with delay of 161 days in filing of the appeal before the Tribunal. It was prayed that the above delay in filing the appeal may kindly be condoned, against which, the ld. DR has not seriously objected to the above submissions of the ld. Counsel. Since the assessee was prevented by sufficient cause, the delay of 161 days in filing the appeal stands condoned.

The learned Counsel for the Assessee has further submitted that the Assessee has opted to avail the Vivad-se-Vishwas Scheme 2020 and Form No.3 was also issued. It was submitted that the assessee may be permitted to withdraw the appeal.

On the other hand, the learned Departmental Representative has not raised any objection to the submissions of the learned Counsel for the Assessee.

We have heard both the sides, perused the materials available on record and gone through the orders of the authorities below.

In this case, the Assessee has opted for the Vivad-se-Vishwas Scheme 2020 and the Designated Authority has issued Form No.3 for the settlement of pending tax dispute. In view of the above, the appeal filed by the assessee is liable to be dismissed as withdrawn.

In the result, the appeal of the Assessee is dismissed as withdrawn.