DCIT, CHENNAI vs. RYAN PROPERTIES PVT. LTD., CHENNAI

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ITA 1233/CHNY/2017Status: DisposedITAT Chennai20 October 2021AY 2009-103 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeal as they have opted for the Vivad-se-Vishwas Scheme. The assessee can approach the Tribunal if any injustice arises from the settlement.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for AY 2009-10. The assessee submitted that they have opted for the Vivad-se-Vishwas Scheme and requested to withdraw the appeal.

What were the issues?

Whether the appeal can be withdrawn by the assessee due to opting for the Vivad-se-Vishwas Scheme.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 V. DURGA RAO & SHRI G. MANJUNATHA

Hearing: 20.10.2021Pronounced: 20.10.2021

आदेश / O R D E R

Per V. Durga Rao, Judicial Member:

1.

This appeal filed by the Revenue is directed against the order of the Learned Commissioner of Income Tax (Appeals)-3, Chennai in dated 27.02.2017 relevant to the Assessment Year 2009-10.

2 -: 2. When this appeal is taken up for hearing, the learned counsel for the assessee vide letter dated 28.09.2021 has submitted that the assessee has opted to avail the Vivad-se-Vishwas Scheme 2020 and Form No.3 was also issued. He has also submitted that he may be permitted to withdraw the appeal.

3.

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

4.

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

5.

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. Accordingly, it prayed that it may be permitted to withdraw the appeal.

6.

In view of the submissions of the assessee, the appeal filed by the assessee is permitted to be withdrawn. However, it is open to the assessee to approach the Tribunal by filing an appropriate application in the event of any injustice caused to the assessee in respect of the settlement of dispute relating to the Vivad-se-Vishwas Scheme 2020.

7.

In the result, the appeal filed by the Revenue is dismissed as withdrawn.

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