JAI KISHAN JHAVER,CHENNAI vs. DCIT NON CORPORATE CIRCLE 9(1), CHENNAI

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ITA 1059/CHNY/2019Status: DisposedITAT Chennai22 December 2020AY 2013-143 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. The assessee was also informed that they could approach the Tribunal again if any injustice arose from the Vivad-se-Vishwas settlement.

What were the facts?

The assessee opted for the Vivad-se-Vishwas Scheme 2020 for settlement of a pending tax dispute. The Designated Authority had not yet issued the necessary form (Form No. 3) for this settlement.

What were the issues?

Whether the assessee can withdraw their appeal to avail the Vivad-se-Vishwas Scheme when the settlement process is ongoing.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI

Before: SHRI V. DURGA RAO & SHRI S. JAYARAMAN

Hearing: 22.12.2020Pronounced: 22.12.2020

आदेश / O R D E R

PER V. DURGA RAO, JUDICIAL MEMBER:

1.

This appeal filed by the assessee is against the order of the learned Commissioner of Income Tax (Appeals)-10, Chennai in dated 28.02.2019 relevant to the Assessment Year 2013-14.

2 -: 2. When this appeal is taken up for hearing, vide letter dated 01.10.2020, the learned Counsel for the Assessee has submitted that the Assessee has opted to avail the Vivad-se-Vishwas Scheme 2020. It was further submission that the 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 3. He has further submitted that the assessee 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 learned Counsel for the Assessee.

4.

We have heard both the sides through Video-Conferencing, 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 ld. Counsel for the assessee has submitted that Form 3 would be submitted as and when it was issued and prayed for permitting the assessee to 3 -: 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.

6.

In the result, the appeal of the Assessee in is dismissed as withdrawn.

Order pronounced in the open Court on 22nd December, 2020 in Chennai.

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