V.BASKARAN,PROP.OF RASHMI TIMBERS AND SAW MILL,SHENCOTTAI vs. ITO WARD 1(1), TIRUNELVELI

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ITA 1470/CHNY/2019Status: DisposedITAT Chennai24 September 2021AY 2005-063 pages

In favour of the Revenue: the assessee'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 in light of their opting for the Vivad-se-Vishwas Scheme. The assessee can approach the Tribunal if any injustice arises from the scheme's settlement.

What were the facts?

The assessee opted for the Vivad-se-Vishwas Scheme 2020 for settlement of a pending tax dispute. Form No. 3 was issued by the designated authority.

What were the issues?

Whether the assessee should be allowed to withdraw the appeal after opting for the Vivad-se-Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI

Before: SHRI V. DURGA RAO & SHRI G. MANJUNATHA

Hearing: 24.09.2021Pronounced: 24.09.2021

आदेश / O R D E R

Per V. Durga Rao, Judicial Member:

1.

This appeal filed by the assessee is directed against the order of the Learned Commissioner of Income Tax (Appeals)-1 Madurai in dated 20.02.2019 relevant to the Assessment Year 2005-06.

2 -: 2. When this appeal is taken up for hearing, the learned Counsel for the assessee 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, he prayed that he 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In view of the submissions of the assessee, the appeal filed by the assessee is permitted to be withdrawn.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.

3 -: 7. In the result, the appeal filed by the assessee is dismissed as withdrawn.

Order pronounced on 24th September, 2021 in Chennai.

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