RM SENTHIL VADIVEL,POLLACHI vs. ITO WARD 1, POLLACHI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal permitted the assessee to withdraw the appeals. It was clarified that the assessee could approach the Tribunal again if any injustice occurred regarding the Vivad-se-Vishwas settlement.
What were the facts?
The assessee opted for the Vivad-se-Vishwas Scheme 2020, and Form No. 3 was issued for settlement of the tax dispute. The assessee requested permission to withdraw the appeals.
What were the issues?
Whether the assessee can withdraw appeals after opting for the Vivad-se-Vishwas Scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘D’ BENCH: CHENNAI
Before: SHRI DUVVURU RL REDDY & SHRI S. JAYARAMAN
: Shri D. Anand, Advocate अपीलाथ" क" ओर से/ Appellant by : Ms. R. Anitha, JCIT ""यथ" क" ओर से /Respondent by सुनवाई क" तार"ख/Date of Hearing : 03.02.2021 : 11.02.2021 घोषणा क" तार"ख /Date of Pronouncement आदेश / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER:
These two appeals filed by the assessee are directed against the order of the Commissioner of Income Tax (Appeals)-3, Coimbatore dated 08.03.2018 relevant to the assessment years 2009-10 & 2011-12. 2 I.T I.T.A. No I.T I.T A. No A. Nos.1663 & 1664 A. No 1663 & 1664 1663 & 1664/Chny 1663 & 1664 Chny Chny/20 Chny 20 2018 20 18 18 18
When these appeals were taken up for hearing, vide letter dated 27.01.2021, the learned counsel for the assessee has submitted that the assessee has opted to avail the Vivad-se-Vishwas Scheme 2020 and Form No.3 was also issued. He has submitted that he may be permitted to withdraw the appeals.
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 these two cases, the assessee has opted for the Vivad-se- Vishwas Scheme 2020 and the Designated Authority has issued Form No.3 for the settlement of pending tax dispute. Accordingly, he prayed that he may be permitted to withdraw the appeals.
In view of the submissions of the assessee, the appeals filed by the assessee are permitted to be withdrawn.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 3 I.T I.T.A. No I.T I.T A. No A. Nos.1663 & 1664 A. No 1663 & 1664 1663 & 1664/Chny 1663 & 1664 Chny Chny/20 Chny 20 2018 20 18 18 18 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.
In the result, both the appeals filed by the assessee are dismissed as withdrawn.
Order pronounced on the 11th February, 2021 at Chennai. (एस. जयरामन) (धु"वु" आर.एल रे"डी) (S. JAYARAMAN) (DUVVURU RL REDDY) लेखा सद"य /ACCOUNTANT MEMBER "या"यक सद"य/JUDICIAL MEMBER चे"नई/Chennai, "दनांक/Dated: 11th February, 2021. EDN, Sr. P.S
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