P.C. SUBRAMANIAM,COIMBATORE vs. DCIT, NCC-1, COIMBATORE

The assessee filed this appeal against the order of the Commissioner of Income Tax (Appeal), Coimbatore-2, in Order No.ITBA/APL/S/250/2019- 20/1017569917(1) dated 26.08.2019 for the AY 2013-14.

When this appeal was taken up for hearing, by filing Form Nos.1 & 2, the Assessee has submitted that he has opted to avail the Vivad-se-Vishwas Scheme 2020. It was further a submission that Form No.3 from the designated authority is yet to be issued and would be submitted in due course and the same shall be furnished after issuance of Form No.3. He has further submitted that he may be permitted to withdraw the appeal.

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

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

In this case, the Assessee has opted for the Vivad-se-Vishwas Scheme 2020 by filing Form Nos.1 & 2 and the Designated Authority is yet to issue Form No.3 for the settlement of pending tax dispute. Since the Assessee has submitted that Form No.3 would be submitted as and when it is issued and prayed for permitting the assessee to withdraw the appeal, the appeal filed by the Assessee is permitted to be withdrawn.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.

In the result, the appeal of the Assessee in is dismissed as withdrawn.