SUNITHA LEATHER TRADING CO (MADRAS) PVT LIMITED,CHENNAI vs. ITO CORPORATE WARD 6(4), 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 have opted for the Vivad se Vishwas Scheme. Liberty was granted to restore the appeals if the scheme application is rejected.
What were the facts?
The assessee filed appeals against orders of the CIT(A) for multiple assessment years. During the hearing, the assessee informed the tribunal that they have availed the 'Vivad se Vishwas Scheme' to settle pending disputes.
What were the issues?
Whether the appeals can be withdrawn by the assessee due to opting for the Vivad se Vishwas Scheme.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
O R D E R Per BENCH: These appeals filed by the assessee are directed against orders of learned Commissioner of Income Tax (Appeals)-15, Chennai, all dated 29.01.2019 for assessment years 2010-11, 2012-13, 2014-15 & 2015-16.
We have heard the ld.AR for the assessee and the ld. DR and also perused the materials available on record. At the time of hearing, learned counsel for the assessee has filed letters along with Form No.3
2 to 1040/Chny/2019 (VSVS) 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.AR for the assessee further submitted that the Department has accepted applications filed by the assessee and issued Form 3 quantifying amount of taxes payable under VSVS scheme. Therefore, the ld.AR for the assessee submitted that the assessee may be permitted to withdraw the appeals. The ld.DR on the other hand has no objection for withdrawing appeals filed by the assessee. Therefore, considering the fact that the assessee has filed applications for withdrawal of appeals and has also filed Form 3 issued by the Department, we dismiss the appeals filed by the assessee as withdrawn. However, a liberty is given to the assessee to restore the appeals, in case the applications filed by the assessee before the Designated Authority, is rejected for any reason.
In the result, all the appeals filed by the assessee are dismissed as withdrawn.
Order pronounced in the open court on 24th August, 2021 at Chennai. Sd/- Sd/- (वी दुगा� राव) (जी. मंजुनाथ) (V. Durga Rao) (G. Manjunatha) लेखा सद�य /Accountant Member �याियक सद�य/Judicial Member चे�ई/Chennai, �दनांक/Dated, the 24th August, 2021 RSR 1. अपीलाथ�/Appellant 2. ��यथ�/Respondent 3. आयकर आयु� (अपील)/CIT(A) 4. आयकर आयु� /CIT 5. िवभागीय �ितिनिध/DR 6. गाड� फाईल/GF.
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