DILIP KUMAR,CHENNAI vs. ACIT, NCC-10(1), CHENNAI
What did the Tribunal hold?
The Tribunal noted that the assessee has filed an application under the VSVS scheme and the Department has issued Form 3. Consequently, the appeal was dismissed as withdrawn.
What were the facts?
The assessee filed an appeal against an order for AY 2015-16. During the hearing, the assessee submitted that they have 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Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas Scheme.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
This appeal filed by the assessee is directed against the order passed by the learned CIT(A)-12, Chennai dated 09.09.2019 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 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 counsel for the assessee submitted that the appeal filed by the assessee may be dismissed as withdrawn.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withdrawal of appeal and has also filed Form 3 issued by the Department, we dismiss the appeal filed by the assessee as withdrawn.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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