SMT. NEELAM KOTHARI,CHENNAI vs. ITO, INTERNATIONAL TAX, WARD - 1 (2), 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 requested. It was clarified that the assessee could approach the Tribunal again if any injustice occurred regarding the Vivad-se-Vishwas settlement.
What were the facts?
The assessee opted for the Vivad-se-Vishwas Scheme 2020. Form No. 3 from the designated authority was yet to be issued for the settlement of the tax dispute. The assessee requested permission to withdraw the appeal.
What were the issues?
Whether the assessee can withdraw the appeal after opting for the Vivad-se-Vishwas Scheme pending issuance of necessary forms.
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
आदेश / O R D E R PER DUVVURU R.L.REDDY, JUDICIAL MEMBER:
This appeal filed by the assessee is against the order of the learned Commissioner of Income Tax (Appeals)-7, Chennai in dated 29.11.2019 relevant to the Assessment Year 2014-15. 2. When this appeal was taken up for hearing, vide letter dated 22.01.2021, the Assessee has submitted that she 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. She has further submitted that she 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and prayed for permitting the assessee to withdraw the appeal, the appeal filed by the Assessee is permitted to be withdrawn.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.
In the result, the appeal of the Assessee in is dismissed as withdrawn.
Order pronounced on the 01st day of February, 2021, in Chennai.
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