DCIT, CENTRAL CIRCLE-2(3), CHENNAI vs. C L SUKUMAR, VELLORE
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal permitted the Assessees to withdraw their appeals as they had opted for the Vivad-se-Vishwas Scheme. The Assessees were also informed that they could approach the Tribunal again if any injustice occurred during the settlement process.
What were the facts?
The Revenue filed appeals against the orders of the CIT(A) for the assessment year 2015-2016. The Assessees had opted for the Vivad-se-Vishwas Scheme 2020, and Form No.3 was issued by the Designated Authority.
What were the issues?
Whether the appeals filed by the Revenue should be dismissed as withdrawn due to the Assessees opting for the Vivad-se-Vishwas Scheme.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 G. MANJUNATHA
Heard together (3 matters)
Read from the judgment's own cause title. This page is filed under one of them.
आदेश / O R D E R
PER V. DURGA RAO, JUDICIAL MEMBER:
These appeals filed by the Revenue are against the order of the learned Commissioner of Income Tax (Appeals)-18 in I.T.A. No.146/17-18 and I.T.A. No.153/17-18 all dated 01.10.2018 relevant to the Assessment Year 2015 – 2016 respectively.
When these appeals were taken up for hearing, the learned Counsel for the Assessee has submitted that all the Assessees has opted to avail the Vivad-se-Vishwas Scheme 2020 and Form No.3 was also issued by the Designated Authority. He has submitted that he may be permitted to withdraw the appeals.
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 through video-conferencing, perused the materials available on record and gone through the orders of the authorities below. , 138 & 139/Chny/2019 :- 3 -: 5. In these cases, all the Assessees have 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, the learned Counsel for the Assessee prayed that he may be permitted to withdraw the appeals.
In view of the submissions of the Assessees, the appeals filed by the Assessees are permitted to be withdrawn. However, it is open to the Assessees to approach the Tribunal by filing an appropriate application in the event of any injustice caused to the Assessees in respect of the settlement of dispute relating to the Vivad-se-Vishwas Scheme 2020.
In the result, all the three appeals filed by the Revenue in 138 & 139 /Chny/2019 are dismissed as withdrawn.
Order pronounced on 15th February, 2021 in Chennai.
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