SHRI BABA SHANKAR RAJESH,CHENNAI vs. ACIT, NCC - 15 (1), CHENNAI

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ITA 2539/CHNY/2019Status: DisposedITAT Chennai12 August 2021AY 2016-172 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had filed an application under the Vivad se Vishwas Scheme and the Department had issued Form 3. Both parties agreed to the dismissal of the appeal.

What were the facts?

The assessee filed an appeal before the ITAT for the assessment year 2016-17. During the hearing, the assessee's counsel submitted that the assessee had availed the 'Vivad se Vishwas Scheme, 2020' to settle the dispute.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI

Before: SHRI DUVVURU RL REDDY & SHRI G. MANJUNATHA

Pronounced: 12.08.2021

This appeal filed by the assessee is directed against the order passed by the learned CIT(A)-15, Chennai dated 28.06.2019 and pertains to assessment year 2016-17.

2.

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 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 counsel for the assessee submitted that the appeal filed by the assessee may be dismissed as withdrawn.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withdrawal of appeal and has also filed Form 3 issued by the Department, we dismiss the appeal filed by the assessee as withdrawn.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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