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Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI
Before: SHRI V. DURGA RAO & SHRI G. MANJUNATHA
आदेश / O R D E R Per V. Durga Rao, Judicial Member: These two appeals filed by the assessee are directed against the orders of the Learned Commissioner of Income Tax (Appeals)-4, Chennai dated 20.09.2016 & 22.09.2016 relevant to the Assessment Year 2006-07.
& 354/Chny/2021 :- 2 -:
These two appeals filed by the assessee, there is a delay of 30 days in filing the appeals, for which, two separate affidavits have been filed for condonation of delay, wherein the ld. counsel for the assessee has stated that the delay is due to circumstances beyond his control.
Hence, the delay may be condoned.
On the other hand, the ld. D.R has not raised any serious objection.
We have gone through the affidavits filed by the assessee and find that there is a sufficient cause prevented by the assessee not to file appeals in time. In our opinion, it is a fit case to condone the delay.
Accordingly, the delay in filing of both the appeals is condoned and the appeals are admitted for adjudication.
When these appeals are taken up for hearing none appeared on behalf of the assessee. The learned Counsel for the assessee vide his letter dated 27.09.2021 has submitted that the assessee has opted to avail the Vivad-se-Vishwas Scheme 2020. It was further submission that the Form No.3 from the Designated authority is yet to be issued and would be submitted in due course and the same shall be furnished & 354/Chny/2021 :- 3 -:
after issuance of Form 3. He has further submitted that the assessee may be permitted to withdraw both the appeals.
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 is yet to issue Form No.3 for the settlement of pending tax dispute. Since the ld. Counsel for the assessee has submitted that Form 3 would be submitted as and when it was issued and prayed for permitting the assessee to withdraw the appeals, the appeals filed by the assessee are permitted to be withdrawn.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. & 354/Chny/2021 :- 4 -:
In the result, both the appeals filed by the assessee are dismissed as withdrawn.
Order pronounced on 08th October, 2021 in Chennai.