RAMLAL KAWARLAL JAIN (HUF),CHENNAI vs. ACIT CENTRAL CIRCLE 1(3), CHENNAI

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ITA 1264/CHNY/2019Status: DisposedITAT Chennai01 February 2021AY 2015-163 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 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 if any injustice occurred during the settlement process.

What were the facts?

The assessee opted for the Vivad-se-Vishwas Scheme 2020 to settle pending tax disputes. The designated authority had not yet issued Form No. 3 for the settlement.

What were the issues?

Whether the appeal should be withdrawn due to the assessee opting for the Vivad-se-Vishwas Scheme.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 DUVVURU R.L. REDDY & SHRI G. MANJUNATHA

For Appellant: Adv. थ की ओर से /

आदेश / O R D E R PER DUVVURU R.L.REDDY, JUDICIAL MEMBER:

1.

This appeal filed by the assessee is against the order of the learned Commissioner of Income Tax (Appeals)-18, Chennai, in dated 26.02.2019 & in ITA No.178/17-18 dated 26.02.2019 relevant to the Assessment Years 2014-15 & 2015-16 respectively. & 1264/C/2019 2. When this appeal was taken up for hearing, vide letter dated 25.01.2021, 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.

3.

On the other hand the learned Departmental Representative has not raised any objection to the submissions of the Assessee.

4.

We have perused the materials available on record and gone through the orders of the authorities below.

5.

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and prayed for permitting the assessee to withdraw the appeal, the appeal filed by the Assessee is permitted to be withdrawn.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 & 1264/C/2019 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.

6.

In the result, the appeals of the Assessee in & 1264/Chny/2019 are dismissed as withdrawn.

Order pronounced on the 01st day of February, 2021, in Chennai.

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