KANHAYALAL ANILKUMAR,CHENNAI vs. ITO NON CORPORATE WARD 5 (1), 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 appeals as they had opted for the Vivad-se-Vishwas Scheme. The assessee can approach the Tribunal if any injustice arises from the scheme's settlement.
What were the facts?
The assessee had filed two appeals before the ITAT for assessment years 2010-11 and 2013-14. The assessee subsequently opted for the Vivad-se-Vishwas Scheme 2020.
What were the issues?
The primary issue was whether the assessee should be allowed to withdraw their pending appeals before the ITAT due to opting for the Vivad-se-Vishwas Scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘D’ BENCH: CHENNAI
Before: SHRI DUVVURU RL REDDY & SHRI S. JAYARAMAN
: Shri R. Padmanabhan, C.A अपीलाथ" क" ओर से/ Appellant by : Ms. R. Anitha, JCIT ""यथ" क" ओर से /Respondent by सुनवाई क" तार"ख/Date of Hearing : 10.02.2021 : 10.02.2021 घोषणा क" तार"ख /Date of Pronouncement आदेश / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER:
These two appeals filed by the assessee are directed against the order of the Commissioner of Income Tax (Appeals)-3, Chennai dated 13.03.2018 relevant to the assessment years 2010-11 & 2013-14.
When these appeals were taken up for hearing, vide letter dated 09.02.2021, the learned counsel for the assessee has submitted that 2 IT IT A No A Nos.1726 & 1727 A No 1726 & 1727 1726 & 1727 /Chny 1726 & 1727 Chny Chny/20 Chny 20 2018 20 18 18 18 the assessee has opted to avail the Vivad-se-Vishwas Scheme 2020 and Form No.3 was also issued. 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, perused the materials available on record and gone through the orders of the authorities below.
In these two cases, the assessee has 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, he prayed that he may be permitted to withdraw the appeals.
In view of the submissions of the assessee, the appeals filed by the assessee are permitted to be withdrawn.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 IT IT A No A Nos.1726 & 1727 A No 1726 & 1727 1726 & 1727 /Chny 1726 & 1727 Chny Chny/20 Chny 20 2018 20 18 18 18
In the result, both the appeals filed by the assessee are dismissed as withdrawn.
Order pronounced on the 10th February, 2021 at Chennai. (एस. जयरामन) (धु"वु" आर.एल रे"डी) (S. JAYARAMAN) (DUVVURU RL REDDY) लेखा सद"य /ACCOUNTANT MEMBER "या"यक सद"य/JUDICIAL MEMBER चे"नई/Chennai, "दनांक/Dated: 10th February, 2021. EDN, Sr. P.S
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