S.I.BASHEER AHAMED,TRICHY vs. ITO WARD II(1), TRICHY

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ITA 1822/CHNY/2019Status: DisposedITAT Chennai27 July 2021AY 2006-073 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 permitted the assessee to withdraw the appeal as they had opted for the Vivad-se-Vishwas Scheme. The assessee was also given liberty to approach the Tribunal if any injustice arose from the scheme's settlement.

What were the facts?

The assessee filed an appeal before the ITAT against the order of the CIT(A) for AY 2006-07. During the pendency of the appeal, the assessee opted for the Vivad-se-Vishwas Scheme 2020.

What were the issues?

Whether an appeal pending before the ITAT can be withdrawn by the assessee upon opting for the Vivad-se-Vishwas Scheme.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 V. DURGA RAO & SHRI G. MANJUNATHA

Hearing: 27.07.2021Pronounced: 27.07.2021

Shri S.I. Basheer Ahmed, The Income Tax Officer, 35A, Veeramma Nagar, Ward-II(1), 44 Williams Road, Jinna Thidal, Thanjavur Road, Vs. Trichy – 620 001. Trichy – 620 008. [PAN: AKJPB 5542M] ('(थ)/Respondent) (अपीलाथ"/Appellant) अपीलाथ) की ओर से/ Appellant by : Mr. Rajesh Singh, Advocate '(थ) की ओर से /Respondent by : Mrs. R. Anita, JCIT सुनवाई की तारीख/Date of Hearing : 27.07.2021 घोषणा की तारीख /Date of Pronouncement : 27.07.2021 आदेश / O R D E R

Per V. Durga Rao, Judicial Member:

1.

This appeal filed by the assessee is directed against the order of the learned Commissioner of Income Tax (Appeals)-1, Trichy in dated 26.03.2014 relevant to the Assessment Year 2006-07. 2 -: 2. When this appeal is taken up for hearing, the learned Counsel for the assessee has submitted that the assessee has opted to avail the Vivad-se-Vishwas Scheme 2020 and Form-III was also issued. He has also submitted that he may be permitted to withdraw the appeal.

3.

On the other hand the learned Departmental Representative has not raised any objection to the submissions of the learned Counsel for the assessee.

4.

We have heard both the sides through video conferencing, perused the materials available on record and gone through the orders of the authorities below.

5.

In this case, the assessee has opted for the Vivad-se-Vishwas Scheme 2020 and the Designated Authority has issued Form-III for the settlement of pending tax dispute. Accordingly, he prayed that he may be permitted to withdraw the appeal.

6.

In view of the submissions of the assessee, 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. 3 -:

7.

In the result, the appeal filed by the assessee is dismissed as withdrawn.

Order pronounced on 27th July, 2021 in Chennai. ("ी जी मंजूनाथा) (वी दुगा" राव) (V. DURGA RAO) (G. MANJUNATHA) लेखा सद"/ACCOUNTANT MEMBER "याियक सद"य "याियक सद"य/JUDICIAL MEMBER "याियक "याियक सद"य सद"य चे"ई/Chennai, "दनांक/Dated: 27th July, 2021. EDN/-

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