What did the Tribunal hold?

The tribunal allowed the assessee to withdraw its appeal, acknowledging the settlement under the VSVS scheme. It granted liberty to the assessee to restore the appeal if the VSVS application is rejected.

The assessee filed an appeal against the CIT(A) order for AY 2017-18. During the hearing, the assessee informed the tribunal that it had opted for the 'Vivad se Vishwas Scheme, 2020' and the Department had issued Form 3.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee's election to settle the dispute under the Vivad se Vishwas Scheme, 2020.

M/S. Aqua Engineers & Consultants… vs DCIT | ITAT Chennai 2021

Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI

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

Hearing: 19.07.2021Pronounced: 19.07.2021

आदेश /O R D E R आदेश आदेश आदेश

PER G MANJUNATHA, AM:

This appeal filed by the assessee is directed against order of learned Commissioner of Income Tax (Appeals)-9, Chennai dated 18.07.2019 for assessment year 2017-18.

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 the Department under ‘Vivad se Vishwas Scheme, 2020’ and submitted

2 I.T. A. No.2622/Chny/2019 (VSVS) 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withdrawal of appeal and has also filed Form 3 issued by the Department, we dismiss the appeal filed by the assessee as withdrawn.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.

In the result, the appeal filed by the assessee is dismissed as withdrawn.

Order pronounced in the open court on 19th July, 2021 at Chennai.

M/S. AQUA ENGINEERS & CONSULTANTS INDIA (P) LTD.,CHENNAI vs. DCIT, NCC - 8 (1), CHENNAI

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