THIRUNAVUKARASU SIVALINGAM,CHENNAI vs. ACIT CENTRAL CIRCLE-1(3), CHENNAI

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ITA 21/CHNY/2020Status: DisposedITAT Chennai04 August 2021AY 2010-113 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 appeals as they had opted for the Vivad-se-Vishwas Scheme. The assessee was also informed that they could approach the Tribunal if any injustice occurred during the settlement process.

What were the facts?

The assessee had filed two appeals before the ITAT for Assessment Years 2009-10 and 2010-11. The assessee opted to avail the Vivad-se-Vishwas Scheme 2020 for settlement of pending tax disputes.

What were the issues?

Whether the assessee can withdraw appeals filed before the ITAT upon opting for the Vivad-se-Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI

Before: SHRI V. DURGA RAO & SHRI G. MANJUNATHA

Hearing: 04.08.2021Pronounced: 04.08.2021

आदेश / O R D E R Per V. Durga Rao, Judicial Member: These two appeals filed by the assessee are directed against the orders of the Commissioner of Income Tax (Appeals)-16, Chennai in dated 22.10.2019 for Assesment Years 2009-10 & 2010-11 respectively.

1.

& 21/Chny/2020 2 2. When these two appeals were 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 No.3 was also issued in both the appeals. He has also submitted that he may be permitted to withdraw the appeals.

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 No.3 in both the appeals for the settlement of pending tax dispute.

Accordingly, he prayed that he may be permitted to withdraw the appeals.

6.

In view of the submissions of the assessee, the appeals filed by the assessee are permitted to be withdrawn. However, it is open to the & 21/Chny/2020 3 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.

7.

In the result, both the appeals filed by the assessee are dismissed as withdrawn.

Order pronounced on the 04th August, 2021 at Chennai.

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