DR. RAMARATNAM SRIDHARAN,CHENNAI vs. ACIT, NCC-1, CHENNAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal permitted the assessee to withdraw the appeal. It was clarified that the assessee could approach the Tribunal again if any injustice occurred regarding the Vivad-se-Vishwas settlement.
What were the facts?
The assessee opted for the Vivad-se-Vishwas Scheme 2020 for settlement of a pending tax dispute. The Designated Authority issued Form No. 3 for this settlement.
What were the issues?
Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad-se-Vishwas Scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI
Before: SHRI V. DURGA RAO & SHRI S. JAYARAMAN
आदेश / O R D E R
PER V. DURGA RAO, JUDICIAL MEMBER:
This appeal filed by the assessee is against the order of the learned Commissioner of Income Tax, (Appeals) - 2 in dated 27.08.2020 relevant to the Assessment Year 2012 - 2013.
As far as the merits of the case is concerned, the Assessee has opted to avail the Vivad-se-Vishwas Scheme 2020 and Form No.3 issued by the Designated Authority has been received on 19.04.2021. He has 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 learned Counsel for the Assessee.
We have heard both the sides, 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 and the Designated Authority has issued Form No.3 for the settlement of pending tax dispute. Accordingly, he prayed that he may be permitted to withdraw the appeal.
In view of the submissions of the Assessee, the appeal filed by the Assessee is permitted to be withdrawn.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 3 -: 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In the result, the appeal of the Assessee in is dismissed as withdrawn.
Order pronounced on 21st June, 2021 in Chennai.
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