VEENA KUMARAVEL,CHENNAI vs. ACIT CENTRAL CIRCLE-2(1), CHENNAI

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ITA 1786/CHNY/2019Status: DisposedITAT Chennai01 April 2021AY 2011-122 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 appeals as she had opted for the Vivad-se-Vishwas Scheme and was awaiting the necessary form. The assessee was allowed to approach the Tribunal again if any injustice occurred.

What were the facts?

The assessee opted for the Vivad-se-Vishwas Scheme 2020 for settlement of pending tax disputes. Form No. 3 from the designated authority was yet to be issued.

What were the issues?

Whether the assessee can withdraw appeals after opting for the Vivad-se-Vishwas Scheme pending issuance of the settlement form.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH: CHENNAI

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

Hearing: 31.03.2021

आदेश / O R D E R PER BENCH :

1.

The assessee filed these appeals against the order of the Commissioner of Income Tax (Appeals)-18, Chennai, in dated 03.04.2019 for the AYs 2009-10 to 2012-13 & in ITA No.727/16-17 dated 03.04.2019 for the AY 2015-16.

2.

When these appeals were taken up for hearing, 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 appeals. -1788/Chny/2019 :- 2 -:

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and prayed for permitting the assessee to withdraw the appeals, the appeals filed by the Assessee are permitted to be withdrawn.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 appeals of the Assessee in 1788/Chny/2019 are dismissed as withdrawn.

Order pronounced on the 1st day of April, 2021, in Chennai.

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