M/S. FULCRUM STARTUP,CHENNAI vs. ITO, NCW - 15 (1), CHENNAI
What did the Tribunal hold?
The tribunal noted that the assessee had paid their dues under the Vivad Se Vishwas Scheme and the designated authority issued Form No. 5. Therefore, the appeal was dismissed as withdrawn.
What were the facts?
The assessee filed an appeal against the order of the CIT(A) for AY 2015-16. The assessee later paid their dues under the Vivad Se Vishwas Scheme.
What were the issues?
Whether the appeal filed by the assessee should be dismissed as withdrawn due to settlement under the Vivad Se Vishwas Scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI
Before: SHRI DUVVURU R.L. REDDY & SHRI G. MANJUNATHA
आदेश / O R D E R
PER DUVVURU RL REDDY, JUDICIAL MEMBER:
The assessee filed this appeal against the order of the Commissioner of Income Tax (Appeals)-15, Chennai, in dated 24.04.2019 for the AY 2015-16.
By filing Form No.5, it was the submission of the learned counsel for the assessee that the assessee paid the dues under Vivad Se Vishwas Scheme and the designated authority has issued Form No.5 on 12.01.2021.
Thus, it was prayed for withdrawal of the appeal filed by the assessee.
Against which, the learned DR fairly conceded the submissions of the learned counsel.
We have heard both the sides, perused the materials available on record and gone through the Form No.5.
We find that the assessee has already paid the dues under Vivad Se Vishwas Scheme, thereby, the designated authority has issued Form No.5 and thus, the appeal filed by the assessee is liable to be dismissed as withdrawn. Accordingly, the appeal filed by the assessee is dismissed as withdrawn.
In the result, the appeal filed by the assessee in is dismissed as withdrawn.
Order pronounced on the 06th day of October, 2021, in Chennai.
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