MASCO,CHENNAI vs. ITO, NCW - 10 93), 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 allowed the assessee's request to withdraw the appeal since the dispute was settled under the Vivad-se-Vishwas Scheme. The assessee can approach the Tribunal if any injustice arises from the settlement.
What were the facts?
The assessee opted for the Vivad-se-Vishwas Scheme 2020 to settle a pending tax dispute. The designated authority issued Form No. 3 for this settlement.
What were the issues?
Whether an appeal can be withdrawn when the underlying tax dispute has been settled under a tax amnesty scheme.
AI-generated summary — verify with the full judgment below
Before: Shri V. Durga Rao & Shri G. Manjunatha
O R D E R
PER V. DURGA RAO, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals) 12, Chennai, dated 22.05.2019 relevant to the assessment year 2016-17.
When the appeal was taken up for hearing, by filing a petition dated 17.08.2021, the ld. Counsel for the assessee has submitted that the assessee has opted to avail the Vivad-se-Vishwas Scheme 2020 and filed Form No.3 with respect to the same has been issued by the designated authority. Thus, the ld. Counsel for the assessee has sought for permission to withdraw the appeal.
On the other hand, the ld. DR has not raised any objection to the submissions of the ld. Counsel for the assessee.
We have heard both the sides, perused the materials available on record and gone through the orders of the authorities below. In this case, 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. Therefore, through a letter dated 17.08.2021, the ld. Counsel for the assessee has prayed for permission to withdraw the appeal. In view of the above, the appeal filed by the assessee is permitted to be withdrawn.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In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced on the 18th August, 2021 at Chennai.
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