THE DHARMAPURI DISTRICT CENTRAL CO-OP. BANK LTD.,DHARMAPURI vs. ACIT, HOSUR

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ITA 1068/CHNY/2016Status: DisposedITAT Chennai24 June 2021AY 2007-083 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 filed appeals against the orders of the CIT(A) for assessment years 2007-08, 2012-13, and 2013-14. The assessee opted to avail the Vivad-se-Vishwas Scheme 2020.

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, ‘A’ BENCH: CHENNAI

Before: SHRI DUVVURU R.L. REDDY & SHRI G. MANJUNATHA

Hearing: 24.06.2021Pronounced: 24.06.2021

आदेश / O R D E R

PER DUVVURU RL REDDY, JUDICIAL MEMBER:

1.

The assessee filed these appeals against the order of the Commissioner of Income Tax (Appeals), Salem-7, in dated 11.02.2016, in ITA No.87/2015-16 dated 12.02.2016 & in ITA No.66/2016-17 dated 06.05.2016 for the AYs 2007-08, 2012-13 & 2013- 14 respectively.

2.

When these appeals were taken up for hearing, the learned Counsel for the Assessee has submitted that the Assessee has opted to avail the Vivad-se-Vishwas , 1069 & 2141/Chny/2016 :: 2 ::

Scheme 2020 and Form No.3 were also issued. It has submitted that it may be permitted to withdraw the appeal.

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, 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 for the settlement of pending tax dispute. Accordingly, it prayed that it may be permitted to withdraw the appeal.

6.

In view of the submissions of the Assessee, the appeal filed by the Assessee is permitted to be withdrawn.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.

7.

In the result, the appeals of the Assessee in 1069 & 2141/Chny/2016 are dismissed as withdrawn.

Order pronounced on the 24th day of June, 2021, in Chennai.

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