HARISH KUMAR HUF,CHENNAI vs. ITO NCW 4(4), CHENNAI

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ITA 3009/CHNY/2018Status: DisposedITAT Chennai25 February 2021AY 2013-143 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The tribunal dismissed the appeals as withdrawn, acknowledging the assessees' decision to opt for the Vivad se Vishwas Scheme. It granted liberty to the assessees to restore the appeals if their applications under the scheme were rejected by the designated authority, with specific conditions for revival.

What were the facts?

Multiple assessees filed appeals before the ITAT against orders of the CIT(A) for various assessment years. During the hearing, the assessees informed the tribunal that they intended to settle their pending tax disputes under the Direct Taxes ‘Vivad se Vishwas Scheme, 2020’ and had already filed the necessary forms.

What were the issues?

The primary issue was whether the appeals should be dismissed as withdrawn given the assessees' election to settle their tax disputes under the Direct Taxes ‘Vivad se Vishwas Scheme, 2020’.

Which sections of the Income-tax Act were involved?

Section 4,Section 4(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “ C ” BENCH, CHENNAI

Before: SHRI DUVVURU RL REDDY & SHRI S. JAYARAMAN

Hearing: 23.02.2021Pronounced: 25.02.2021

आदेश/ O R D E R

PER S. JAYARAMAN, ACCOUNTANT MEMBER:

1.

These appeals filed by the assessee are against orders of the Commissioner of Income Tax (Appeals), Chennai in 5/2017-18 dated 22.06.2018, ITA No. 176/CIT(A)-5/2017-18 dated

:-2-: ITA No: 2488/Chny/18 & 2 others 28.09.2018, dated 28.02.2017 for assessment years 2012-13, 2013-14, 2013-14, respectively.

2.

The above cases were heard through video conferencing. At the time of hearing, learned counsels for the assessees have made a statement at bar that the assessees wanted to utilize the Direct Taxes ‘Vivad se Vishwas Scheme, 2020’ to settle pending dispute relating to Direct Taxes and in this regard the assessees have filed form No 1 and 2 and received Form No. 3 from the designated authority.

3.

The Bench has considered rival contentions of both sides and after hearing both parties, we find that the assessees have filed declaration in Form No.1 along with undertaking waiving rights for any remedy in Form No. 2 to the designated Authority and has also received Form 3. Therefore, we dismiss the appeals filed by each of the assessee, supra, as withdrawn.

However, liberty is given to each of the assessee to restore the appeals, in the event of the Designated Authority, for any reason reject the application filed by the assessee under section 4 of the said Act. We, further make it clear that if the assessee has for any reason opted out from the scheme or the applicant under the scheme misrepresent any fact which resulted in rejection of application filed under the scheme, then the provisions of section 4(6) of the Act, shall be applicable to all such appeals and in such cases, all the proceedings and the claims which were withdrawn under section 4 and all

:-3-: ITA No: 2488/Chny/18 & 2 others the consequences under the Income-tax Act against the declarant shall be deemed to have been revived. We, further make it clear that the assessee should promptly inform the Assessing Officer about their decision to opt out of the scheme or rejection of application by the designated authority to the Assessing Officer, so as to enable to file miscellaneous application to restore the appeal.

4.

In the result, the above appeals filed by each of the assessees are dismissed as withdrawn.

Order pronounced on 25th February, 2021 at Chennai.

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