LAKSHMI DEVI LALWANI,CHENNAI vs. ITO NON CORPORATE CIRCLE 9(1), CHENNAI

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ITA 700/CHNY/2019Status: DisposedITAT Chennai18 February 2021AY 2015-163 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 she had opted for the Vivad-se-Vishwas Scheme. The assessee was allowed to approach the Tribunal again if any injustice occurred during the settlement process.

What were the facts?

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

What were the issues?

Whether the appeal can be withdrawn by the assessee due to opting for the Vivad-se-Vishwas Scheme.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: 18.02.2021

अपीलाथ" क" ओर से/ Appellant by : Mr.D.Anand, Adv. ""यथ" क" ओर से /Respondent by : Mr.Suresh Periasamy, JCIT सुनवाई क" तारीख/Date of Hearing : 18.02.2021 घोषणा क" तारीख/Dt. of : Pronouncement 18.02.2021 आदेश / O R D E R PER SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER:

This appeal filed by the assessee is against the order of the learned Commissioner of Income Tax (Appeals)-10, Chennai, in dated 31.12.2018 relevant to the Assessment Year 2015-2016. :- 2 -:

2.

When this appeal was taken up for hearing, vide letter dated 11.02.2021, 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.

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 In the result, the appeal of the Assessee in is dismissed as withdrawn.

Order pronounced on the 18th day of February, 2021, in Chennai. (एस. जयरामन) (धु"ु" आर.एल. रे"ी) (S. JAYARAMAN) (DUVVURU R.L. REDDY) लेखा सद" /ACCOUNTANT MEMBER "याियक सद"य/JUDICIAL MEMBER चे"ई/Chennai, "दनांक/Dated: 18th February, 2021. TLN

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