ACIT NON CORPORATE CIRCLE 20(1), CHENNAI vs. RAJKUMAR SETHUPATHY, CHENNAI

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ITA 1408/CHNY/2018Status: DisposedITAT Chennai14 July 2021AY 2013-142 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal filed by the Revenue as withdrawn, considering the assessee's application under the Vivad se Vishwas Scheme and the issuance of Form 3 by the Department. Liberty was granted to restore the appeal if the application is rejected.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for Assessment Year 2013-14. The assessee availed the 'Vivad se Vishwas Scheme, 2020' to settle pending disputes.

What were the issues?

The primary issue was the withdrawal of the Revenue's appeal due to the assessee 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: 17.06.2021Pronounced: 14.07.2021

This appeal filed by the Revenue is directed against the order passed by the learned CIT(A)-14, Chennai dated 30.10.2017 and pertains to assessment 2013-14.

2.

We have heard the learned DR and learned counsel for the assessee 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 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 counsel for the assessee submitted that the appeal filed by the Revenue may be dismissed as withdrawn. The ld. DR, on the other hand, has no objection for dismissing the appeal as the Designated Authority has issued Form 3. 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withdrawal of appeal and has also filed Form 3 issued by the Department, we dismiss the appeal filed by the Revenue as withdrawn.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.

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