PACHANBHAI PATEL (HUF),CHENNAI vs. ITO, NCW - 10(3), CHENNAI

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ITA 1861/CHNY/2019Status: DisposedITAT Chennai16 July 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 can approach the Tribunal if any injustice arises from the settlement.

What were the facts?

The assessee filed appeals against the CIT(A) order for AY 2010-11. The appeals were delayed by 30 days. The assessee opted for the Vivad-se-Vishwas Scheme 2020.

What were the issues?

Whether the assessee can withdraw appeals after 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 R.L. REDDY & SHRI G. MANJUNATHA

Hearing: 16.07.2021Pronounced: 16.07.2021

Heard together (2 matters)

ITA Nos.1860/Chny/2019
ITA Nos.1861/Chny/2019

Read from the judgment's own cause title. This page is filed under one of them.

The assessee filed these appeals against the order of the Commissioner of Income Tax (Appeals)-12, Chennai, in dated 28.02.2019 and in ITA No.246/CIT(A)-12/16-17 dated 28.02.2019 for the AY 2010-11. & 1861/Chny/2019 :: 2 ::

2.

These appeals filed by the assesse are delayed by ‘30’ days, for which, the assessee has filed Affidavit for ‘29’ days requesting for condonation of delay, to which, the Revenue has not raised any serious objection. Consequently, the delay of ‘30’ days in filing of these appeals stand condoned and admitted for adjudication.

3.

The learned Counsel for the assessee has submitted that the assessee has filed an application for grant of early hearing of these appeals and he opted to avail the Vivad-se-Vishwas Scheme 2020, to which, ld.DR has not raised any objection to the submissions of the ld.Counsel for the assessee.

4.

When these 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. He has submitted that he may be permitted to withdraw the appeals.

5.

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

6.

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

7.

In these cases, the Assessee has filed an application seeking grant of early hearing of these appeals and moreover, the Assessee has also opted for the Vivad- se-Vishwas Scheme 2020 and the Designated Authority has issued Form No.3 for the settlement of pending tax dispute. Accordingly, he prayed that the Assessee may be permitted to withdraw the appeals. & 1861/Chny/2019 :: 3 ::

8.

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 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.

9.

In the result, the appeals of the Assessee in & 1861/Chny/2019 are dismissed as withdrawn.

Order pronounced on the 16th day of July, 2021, in Chennai.

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