DCIT, CORPORATE CIR -3(2), CHENNAI vs. UNITED CAPITAL PARTNERS (INDIA) P LTD., CHENNAI

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ITA 161/CHNY/2019Status: DisposedITAT Chennai31 August 2021AY 2009-102 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal as withdrawn, acknowledging the assessee's participation in the Vivad se Vishwas Scheme and the Department's issuance of Form 3. Liberty was granted to the assessee to restore the appeal if the VSVS application is rejected.

What were the facts?

The Revenue filed an appeal against the CIT(A) order for Assessment Year 2009-10. During the hearing, the assessee informed the Tribunal that it had availed the Vivad se Vishwas Scheme, 2020, and the Department had issued Form 3.

What were the issues?

Whether the Revenue's appeal is maintainable when the assessee has opted for the Vivad se Vishwas Scheme, 2020, and the Department has accepted the application by issuing Form 3.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: SHRI DUVVURU RL REDDY & SHRI G. MANJUNATHA

Hearing: 31.08.2021

This appeal filed by the Revenue is directed against the order passed by the learned CIT(A)-11, Chennai dated 15.11.2018 and pertains to assessment year 2009-10.

2.

We have heard the learned DR and learned counsel for the assessee and also perused the materials available on record. At the time of hearing, learned counsel for the assessee has filed a letter along with Form No.3 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 ld.counsel for the assessee further submitted that the Department has accepted application filed by the assessee and issued Form 3 quantifying amount of taxes payable under VSVS scheme. Therefore, the ld. counsel for the assessee submitted that the appeal filed by the Revenue may be dismissed as withdrawn.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 3. Therefore, considering the fact that the assessee has filed application for withdrawal of appeal and has also filed Form 3 issued by the Department, we dismiss the appeal filed by the Revenue as withdrawn.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.

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