What did the Tribunal hold?

The Tribunal noted that the assessee had applied for withdrawal of the appeal under the Vivad se Vishwas Scheme and the Department had issued Form 5. Therefore, the appeal was dismissed as withdrawn.

The assessee filed an appeal against an order for AY 2008-09. At the time of hearing, the assessee's representative did not appear. The assessee had availed the 'Vivad se Vishwas Scheme' to settle pending disputes.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas Scheme to settle the dispute.

A.P.Oree vs ITO | ITAT Chennai 2021

Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI

Before: SHRI DUVVURU RL REDDY & SHRI G. MANJUNATHA

Hearing: 23.09.2021

: None अपीलाथ� क� ओरसे/ Appellant by : Ms. R.Anita, Addl.CIT ��यथ� क� ओरसे/Respondent by 23.09.2021 : सुनवाई क� तार�ख/Date of hearing : 23.09.2021 घोषणा क�तार�ख /Date of Pronouncement आदेश / O R D E R PER G.MANJUNATHA, AM:

This appeal filed by the assessee is directed against order passed by the learned CIT(A)-5, Chennai dated 18.01.2018 and pertains to assessment year 2008-09.

At the time of hearing, none appeared on behalf of the assessee. We have heard learned DR and also perused the materials available on record. The assessee has filed a letter along with Form No.5 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 assessee further submitted that the Department has accepted application filed by the assessee and issued Form 5 quantifying amount of taxes payable under VSVS scheme.

Therefore, the assessee submitted that the appeal filed by the assessee may be dismissed as withdrawn. The ld. DR, on the other hand, has no objection for dismissing the appeal as the Designated Authority has issued Form 5. Therefore, considering the fact that the assessee has filed application for withdrawal of appeal and has also filed Form 5 issued by the Department, we dismiss the appeal filed by the assessee as withdrawn. However, a liberty is given to the assessee to restore the appeal, in case the application filed by the assessee before the Designated Authority, is rejected for any reason.

A.P.OREE,CHENNAI vs. ITO NON CORPORATE WARD 17(5), CHENNAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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