SHRI SANJAY BOHRA,CHENNAI vs. ITO NON CORPORATE WARD 6 (3), CHENNAI
What did the Tribunal hold?
The Tribunal noted that the assessee has filed an application for withdrawal of appeals and the Department has issued Form 3 under the VSVS scheme. Consequently, the appeals were dismissed as withdrawn.
What were the facts?
The assessees filed appeals for assessment year 2009-10. During the hearing, the assessee's counsel submitted that they have availed the 'Vivad se Vishwas Scheme, 2020' to settle the disputes.
What were the issues?
Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas Scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI
Before: SHRI MAHAVIR SINGH, VICE- & SHRI G.MANJUNATHA
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
Per BENCH: These two appeals filed by the assessees are directed against separate, but identical orders of the learned CIT(A)-5, Chennai dated 18.01.2018 & 17.01.2018 respectively and pertain to assessment year 2009-10.
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 applications 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 counsel for the assessee submitted that appeals filed by the assessees may be dismissed as withdrawn. The ld. DR, on the other hand, has no objection for dismissing appeals as the Designated Authority has issued Form 3. Therefore, considering the fact that the assessees have filed application for withdrawal of appeals and has also filed Form 3 issued by the Department, we dismiss the appeals filed by the assessees as withdrawn. However, a liberty is given to the assessees to restore the appeals, in case the application filed by the assessee before the Designated Authority, is rejected for any reason.
In the result, both these appeals filed by the assessees are dismissed as withdrawn.
Order pronounced in the open court on 8th November, 2021
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