MOTILAL PANNALAL,CHENNAI vs. ITO NON CORPORATE WARD 10(3), 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 as they had opted for the Vivad-se-Vishwas Scheme. The assessee was allowed to approach the Tribunal again if any injustice occurred during the settlement process.
What were the facts?
The assessee opted for the Vivad-se-Vishwas Scheme 2020. The Designated Authority had not yet issued Form No. 3 for the settlement of the tax dispute. The assessee requested permission to withdraw the appeal.
What were the issues?
Whether the appeal should be withdrawn by the assessee due to opting for the Vivad-se-Vishwas Scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI
Before: SHRI DUVVURU R.L. REDDY & SHRI S. JAYARAMAN
अपीलाथ" क" ओर से/ Appellant by : Mr.D.Anand, Adv. ""यथ" क" ओर से /Respondent by : Mr.Suresh Periasamy, JCIT सुनवाई क" तारीख/Date of Hearing : 18.02.2021 घोषणा क" तारीख/Dt. of : 18.02.2021 Pronouncement आदेश / O R D E R PER SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER:
This appeal filed by the assessee is against the order of the learned Commissioner of Income Tax (Appeals)-12, Chennai, in dated 31.01.2019 relevant to the Assessment Year 2009-10.
When this appeal was taken up for hearing, vide letter dated 11.02.2021, the Assessee has submitted that he has opted to avail the Vivad-se-Vishwas Scheme 2020. It was further a submission :- 2 -: that Form No.3 from the designated authority is yet to be issued and would be submitted in due course and the same shall be furnished after issuance of Form No.3. He has further 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 Assessee.
We have 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 is yet to issue Form No.3 for the settlement of pending tax dispute. Since the Assessee has submitted that Form No.3 would be submitted as and when it is issued and prayed for permitting the assessee to withdraw the appeal, the appeal filed by the Assessee is permitted to be withdrawn.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. :- 3 -:
In the result, the appeal of the Assessee in is dismissed as withdrawn.
Order pronounced on the 18th day of February, 2021, in Chennai. (एस. जयरामन) (धु"ु" आर.एल. रे"ी) (S. JAYARAMAN) (DUVVURU R.L. REDDY) लेखा सद" /ACCOUNTANT MEMBER "याियक सद"य/JUDICIAL MEMBER चे"ई/Chennai, "दनांक/Dated: 18th February, 2021. TLN
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