PENCHILAIYA SIVAKUMAR,CHENNAI vs. ACIT (OSD) NON CORPORATE WARD 2(1), CHENNAI

None appeared on behalf of the assessee. When this appeal was taken up for hearing, vide letter dated 29.01.2021, the assessee has submitted that he has opted to avail the Vivad-se-Vishwas Scheme 2020. It was further a submission 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and prayed for permitting the assessee to withdraw the appeal, the appeal filed by the Assessee is permitted to be withdrawn.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 I.T.A. No. I.T.A. No. I.T.A. No. 3069 3069/Chny 3069 Chny Chny/201 Chny 201 2018 201

In the result, the appeal filed by the assessee is dismissed as withdrawn.