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Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI
Before: SHRI V. DURGA RAO & SHRI G. MANJUNATHA
आदेश / O R D E R
PER SHRI V. DURGA RAO, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order of the learned Commissioner of Income Tax (Appeals)-16, Chennai in dated 31.12.2018 relevant to the Assessment Year 2009-10.
2 -: 2. When this appeal is taken up for hearing, vide letter dated 08.04.2021, 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.
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 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and prayed for permitting the assessee to withdraw the appeal, the appeal filed by the assessee is permitted to be withdrawn.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 3 -: assessee in respect of the settlement of dispute relating to the Vivad- se-Vishwas Scheme 2020.
In the result, the appeal filed by the assessee is dismissed as withdrawn.
Order pronounced on 13th April, 2021 in Chennai.