M.VIMALAMMA,CHENNAI vs. ACIT BUSINESS CIRCLE XIV, CHENNAI

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ITA 35/CHNY/2021Status: DisposedITAT Chennai21 June 2021AY 2005-063 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 noted that the assessee had paid taxes under the Vivad-se-Vishwas Scheme for full and final settlement. Consequently, the assessee was permitted to withdraw the appeal.

What were the facts?

The assessee filed an appeal with a significant delay, which was condoned by the tribunal. The assessee then submitted that they had availed the Vivad-se-Vishwas Scheme for full and final settlement of taxes.

What were the issues?

Whether the appeal should be withdrawn after availing the Vivad-se-Vishwas Scheme for tax settlement.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI

Before: SHRI V. DURGA RAO & SHRI S. JAYARAMAN

Hearing: 21.06.2021Pronounced: 21.06.2021

आदेश / O R D E R

PER V. DURGA RAO, JUDICIAL MEMBER:

1.

This appeal filed by the assessee is against the order of the learned Commissioner of Income Tax, (Appeals)-7 in dated 23.01.2015 relevant to the Assessment Year 2006 – 2007. 2. In this case, there is a delay of 2156 days in filing the appeal. The Tribunal has adjudicated the condonation petition for the delay of 2 -: 2156 days in filing the appeal and condoned the delay vide order dated 9th March, 2021. Accordingly, we proceed to adjudicate the appeal on merits.

3.

As far as the merits of the case is concerned, the learned Counsel for the Assessee has submitted that the Assessee has availed Vivad-se-Vishwas Scheme 2020 and Form No.5 was issued by the Designated Authority and the Assessee has paid the taxes towards full and final settlement. He has submitted that the Assessee may be permitted to withdraw the appeal.

4.

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

5.

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

6.

In this case, the Assessee has availed the Vivad-se-Vishwas Scheme 2020 and Form No.5 was issued by the Designated Authority and the Assessee has paid the taxes towards full and final settlement. Accordingly, he prayed that he may be permitted to withdraw the appeal.

7.

In view of the submissions of the learned Counsel for the Assessee, we find that the Assessee has paid the dues towards full and final settlement of the tax arrears under Vivad-se-Vishwas Scheme 2020. Thus, the appeal filed by the Assessee is permitted to be withdrawn.

8.

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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