DEVAKI NANDAN GOEL,CHENNAI vs. DCIT, COIMBATORE

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ITA 1249/CHNY/2017Status: DisposedITAT Chennai07 July 2021AY 2012-132 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 it had opted for the Vivad se Vishwas scheme. Liberty was granted to restore the appeal if the scheme application was rejected.

What were the facts?

The assessee filed an appeal before the ITAT. During the pendency of the appeal, the assessee opted for the 'Vivad se Vishwas Scheme, 2020' to settle disputes. The Department accepted the application and issued Form 3.

What were the issues?

Whether an appeal can be withdrawn by the assessee upon opting for the Vivad se Vishwas scheme.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, ‘A’ BENCH, CHENNAI

Before: SHRI MAHAVIR SINGH & SHRI G. MANJUNATHA

Hearing: 07.07.2021Pronounced: 07.07.2021

आदेश /O R D E R

Per G Manjunatha, AM:

1.

This appeal filed by the assessee is directed against order of learned Commissioner of Income Tax (Appeals)-2, Coimbatore dated 31.03.2017 for assessment year 2012-13.

2.

We have heard the counsel for the assessee and the ld. 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 2 I.T. A. No.1249/Chny/2017 (VSVS) 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 assessee may be permitted to withdraw the appeal. The ld.DR on the other hand has no objection for withdrawing appeal filed by the assessee. 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withdrawal of appeal and has also filed Form 3 issued by the Department, we dismiss the appeal filed by the assessee as withdrawn.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.

3.

In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court on 7th July, 2021 at Chennai.

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