BHAVANA DAGA,CHENNAI vs. ITO NON CORPORATE WARD 4(5), 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, noting that the Vivad-se-Vishwas Scheme settlement had been initiated. The assessee was permitted to approach the Tribunal again if any injustice arose from the settlement.
What were the facts?
The assessee opted for the Vivad-se-Vishwas Scheme 2020 to settle a pending tax dispute. The assessee subsequently filed a petition seeking permission to withdraw the appeal before the ITAT.
What were the issues?
The primary issue was whether the assessee could withdraw their appeal after opting for the Vivad-se-Vishwas 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) 5, Chennai, dated 10.07.2018 relevant to the assessment year 2015-16.
When the appeal was taken up for hearing, none appeared on behalf of the assessee. However, the assessee has filed a petition dated 01.03.2021 and submitted that the assessee has opted to avail the Vivad-se- Vishwas Scheme 2020 and filed Form No.3 and Form No. 4. 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 assessee.
We have heard the ld. DR, 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 01.03.2021, 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 In view of the above, the appeal filed by the assessee is permitted to be withdrawn.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In the result, the appeal of the assessee is dismissed as withdrawn.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 28th July, 2021 at Chennai.
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