SMT. V. PALRATHI,KANCHEEPURAM vs. ITO NON CORPORATE WARD 22(30, CHENNAI

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ITA 2715/CHNY/2019Status: DisposedITAT Chennai14 July 2021AY 2011-123 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 scheme's settlement.

What were the facts?

The assessee opted for the Vivad-se-Vishwas Scheme 2020, and Form No. 3 was issued for settlement of pending tax disputes. The assessee then sought to withdraw the appeals filed before the tribunal.

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, ‘C’ BENCH: CHENNAI

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

Hearing: 14.07.2021

आदेश / O R D E R PER BENCH: These four appeals filed by the assessee are directed against the orders of the Learned Commissioner of Income Tax(Appeals)-10, Chennai dated 28.02.2019 & 28.05.2019 for Assessment Years 2011- 12 & 2012-13 respectively. , 1516, 2715 & 2716/Chny/2019 2 2. When these appeals were taken up for hearing. The learned counsel for the assessee vide letter dated 12.07.2021 has submitted that the assessee has opted to avail the Vivad-se-Vishwas Scheme 2020 and Form No.3 was also issued in all 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 all the appeals for the settlement of pending tax dispute. Accordingly, she prayed that she 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In view of the submissions of the assessee, the appeals filed by the assessee are permitted to be withdrawn.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 assessee to approach the Tribunal by filing an appropriate application , 1516, 2715 & 2716/Chny/2019 3 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, all the four appeals filed by the assessee are dismissed as withdrawn.

Order pronounced on the 14th July, 2021 at Chennai.

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