OASYS CYBERNATICS PVT LTD(FORMERLY OMNE AGATE SYSTEMS PRIVATE LTD),CHENNAI vs. ACIT, CHENNAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal permitted the assessee to withdraw the appeals as they had opted for the Vivad-se-Vishwas Scheme. The assessee can approach the Tribunal if any injustice arises from the settlement.
What were the facts?
The assessee filed appeals against the Commissioner of Income Tax (Appeals) orders for AYs 2009-10 and 2010-11. The assessee had opted for the Vivad-se-Vishwas Scheme 2020.
What were the issues?
Whether the assessee can withdraw appeals after opting for the Vivad-se-Vishwas Scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘B’ 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 these appeals against the order of the Commissioner of Income Tax (Appeals)-3, Chennai, in & in ITA No.43/2013-14/A-3 dated 11.01.2019 for the AYs 2009-10 & 2010-11.
When these appeals were 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 were also issued. It has submitted that it may be permitted to withdraw the appeals.
On the other hand, the learned Departmental Representative has not raised any objection to the submissions of the learned Counsel for the Assessee. & 324/Chny/2019 :: 2 ::
We have heard both the sides, 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 the Designated Authority has issued Form No.3 for the settlement of pending tax dispute. Accordingly, it prayed that it 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In view of the submissions of the Assessee, the appeals filed by the Assessee are permitted to be withdrawn.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.
In the result, the appeals of the Assessee in & 324/Chny/2019 are dismissed as withdrawn.
Order pronounced on the 31st day of August, 2021, in Chennai.
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