SHRI MAMBAKKAM KRISHNAMOORTHY SUBRAMANIAN,CHENNAI vs. ITO,NCW2(4), CHENNAI

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ITA 787/CHNY/2020Status: DisposedITAT Chennai20 April 2021AY 2011-123 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 have opted for the Vivad-se-Vishwas Scheme. The assessee can approach the Tribunal if any injustice arises from the settlement.

What were the facts?

The assessee filed an appeal against an order of the CIT(A). During the hearing, the assessee submitted that they have opted for the Vivad-se-Vishwas Scheme and requested to withdraw the appeal.

What were the issues?

Whether the assessee can withdraw an appeal after opting for the Vivad-se-Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI

Before: SHRI DUVVURU R.L. REDDY & SHRI S. JAYARAMAN

Hearing: 20.04.2021

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

1.

The assessee filed this appeal against the order of the Commissioner of Income Tax (Appeals)-2, Chennai, in 12/CIT(A)-2 dated 19.02.2020 for the AY 2011-12.

2.

When this appeal was taken up for hearing, by filing Form Nos.1 & 2, 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 ITA No.767/Chny/2020 :- 2 -:

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 by filing Form Nos.1 & 2 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and prayed for permitting the assessee to withdraw the appeal, the appeal filed by the Assessee is permitted to be withdrawn.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.

ITA No.767/Chny/2020 :- 3 -:

6.

In the result, the appeal of the Assessee in is dismissed as withdrawn.

Order pronounced on the 20th day of April, 2021, in Chennai.

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