LALITHA BAI,CHENNAI vs. ITO NON CORPORATE CIRCLE 9(1), CHENNAI
What did the Tribunal hold?
The Tribunal noted that the assessees had applied for withdrawal of appeals under the scheme and the Department had issued Form 3. Therefore, the appeals were dismissed as withdrawn.
What were the facts?
The assessees filed appeals for assessment year 2015-16. They subsequently availed the 'Vivad se Vishwas Scheme, 2020' to settle their disputes.
What were the issues?
Whether the appeals should be dismissed as withdrawn due to the assessees opting for the Vivad se Vishwas Scheme.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 V.DURGA RAO & SHRI G.MANJUNATHA
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
PER BENCH:
These two appeals filed by the different assessees are directed against separate orders passed by the learned CIT(A)- 10, Chennai both dated 30.11.2018 and pertains to assessment year 2015-16.
We have heard learned counsel for the assessee and learned DR 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 both these assessees have 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 assessees and issued Form 3 quantifying amount of taxes payable under VSVS scheme. Therefore, the ld. counsel for the assessee submitted that both these appeals filed by the assessee(s) may be dismissed as withdrawn. The ld. DR, on the other hand, has no objection for dismissing the appeals as the Designated Authority has issued Form 3. Therefore, considering the fact that the assessee(s) has filed application for withdrawal of appeals and has also filed Form 3 issued by the Department, we dismiss both these appeals filed by the assessee(s) as withdrawn. However, a liberty is given to the assessee(s) to restore the appeals, in case the application filed by the assessee before the Designated Authority, is rejected for any reason.
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