SHRI ARJUN KRISHNA KONDAMANI,CHENNAI vs. ACIT, NCC - 15 (1), CHENNAI
What did the Tribunal hold?
The Tribunal noted that the assessees had filed applications for withdrawal of appeals and had also received Form 3 from the Department under the VSVS scheme. Therefore, the appeals were dismissed as withdrawn.
What were the facts?
The assessees had filed appeals before the ITAT. During the hearing, the counsels for the assessees submitted that they have availed the 'Vivad se Vishwas Scheme, 2020' to settle their disputes.
What were the issues?
Whether the appeals should be dismissed as withdrawn when the assessees have opted for the Vivad se Vishwas Scheme to settle their pending disputes.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI
Before: SHRI DUVVURU RL REDDY & SHRI G. MANJUNATHA
2 & 1204/CHNY/2019 264 & 265/Chny/2020 (VSVS) आदेश /O R D E R
Per G Manjunatha, AM:
This bunch of 4 appeals filed by different assessees are directed against orders of learned Commissioner of Income Tax (Appeals), Chennai / Madurai even dated 30.01.2019 / 20.02.2019 / 29.11.2019 / 04.12.2019 for respective assessment years.
We have heard the counsels for the assessees and the ld. DR and also perused the materials available on record. At the time of hearing, learned counsels for the assessees have filed a letter along with Form No.3 issued by the Department under ‘Vivad se Vishwas Scheme, 2020’ and submitted that the assessees have availed the VSVS scheme to settle their pending disputes. The ld.counsels for the assessees further submitted that the Department has accepted applications filed by the assessees and issued Form 3 quantifying amount of taxes payable under VSVS scheme. Therefore, the ld.counsels for the assessees submitted that the assessees may be permitted to withdraw the appeals. The ld.DR on the other hand has no objection for withdrawing appeals filed by the assessees. Therefore, considering the fact that the assessees have filed application for withdrawal of appeals and have also filed Form 3 issued by the Department, we dismiss the appeals filed by the 3 & 1204/CHNY/2019 264 & 265/Chny/2020 (VSVS) assessees as withdrawn. However, a liberty is given to the assessees to restore the appeals, in case the application filed by the assessees before the Designated Authority, is rejected for any reason.
In the result, all the appeals filed by the assessees are dismissed as withdrawn.
Order pronounced in the open court on 24th June, 2021 at Chennai.
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