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Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI
Before: SHRI DUVVURU R.L. REDDY & SHRI S. JAYARAMAN
आयकर अपीलीय अिधकरण, ’सी’ "ायपीठ, चे"ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH: CHENNAI "ी धु"ु" आर.एल. रे"ी, "ाियक सद" एवं "ी एस. जयरामन, लेखा सद" के सम" BEFORE SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER आयकर अपील सं./ITA Nos.2549 to 2552/Chny/2018 िनधा"रण वष" /Assessment Years: 2009-10 to 2012-13 Mr.K.S.Velusamy, v. The Income Tax Officer, No.41, Ayyasamy Street, Non-Corporate Ward-22(5), Shanmugam Road, Chennai. West Tambaram Chennai-600 045. [PAN: AGUPV 1463 G] (अपीलाथ"/Appellant) (#$थ"/Respondent) अपीलाथ" की ओर से/ Appellant by : None #$थ" की ओर से /Respondent by : Mrs.R.Anita, Addl.CIT सुनवाई की तारीख/Date of Hearing : 06.09.2021 घोषणा की तारीख/Dt. of Pronouncement : 06.09.2021 आदेश / O R D E R PER DUVVURU R.L. REDDY, JUDICIAL MEMBER:
The assessee filed these appeals against the order of the Commissioner of Income Tax (Appeals)-10, Chennai, in 28, 36, 35/15-16/CIT(A)-10 dated 31.10.2017 for the AYs 2009-10 to 2012- 13 respectively.
These appeals filed by the assesse are delayed by ‘114’ days, for which, the assessee has filed Affidavit requesting for condonation of delay, to which, the Revenue has not raised any serious objection. to 2552/Chny/2018 :- 2 -:
Consequently, the delay in filing of these appeals stand condoned and admitted for adjudication.
When these appeals were taken up for hearing, none appeared on behalf of the assessee. However, the assessee vide letter dated 16.08.2021 filed Form No.3 issued by the Designated Authority for the purpose of availing the Vivad-se-Vishwas Scheme 2020 with the prayer of withdrawal of these appeals. He has submitted that he may be permitted to withdraw these appeals.
On the other hand, the learned Departmental Representative has not raised any objection.
We have heard the Ld.DR, perused the materials available on record and gone through the orders of the authorities below.
In these cases, the Assessee has opted for the Vivad-se-Vishwas Scheme 2020 and filed Form No.3 issued by the Designated Authority for the settlement of pending tax dispute. Accordingly, the assessee prayed that he may be permitted to withdraw the appeals.
In view of the submissions of the Assessee, the appeals filed by the Assessee are permitted to be withdrawn.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. to 2552/Chny/2018 :- 3 -:
In the result, the appeals of the Assessee in 2552/Chny/2018 are dismissed as withdrawn.
Order pronounced on the 06th day of September, 2021, in Chennai. (एस. जयरामन) (धु+ु, आर.एल. रे-ी) (S. JAYARAMAN) (DUVVURU R.L. REDDY) लेखा सद" /ACCOUNTANT MEMBER "ाियक सद"/JUDICIAL MEMBER चे"ई/Chennai, िदनांक/Dated: 06th September, 2021. TLN