SHRI PRASHANTH NAGARAJAN,CHENNAI vs. ITO, NCW-17(3), CHENNAI

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ITA 2796/CHNY/2019Status: DisposedITAT Chennai11 February 2021AY 2014-153 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 requested, noting that it was open to the assessee to approach the Tribunal again if any injustice arose from the scheme's settlement.

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Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad-se-Vishwas Scheme.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

Hearing: 11.02.2021

: Shri Saroj Kumar Parida, Advocate अपीलाथ" क" ओर से/ Appellant by : Ms. R. Anitha, JCIT ""यथ" क" ओर से /Respondent by : 09.02.2021 सुनवाई क" तार"ख/Date of Hearing : 11.02.2021 घोषणा क" तार"ख /Date of Pronouncement आदेश / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER:

This appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Appeals)-5, Chennai dated 19.07.2019 relevant to the assessment year 2014-15. 2 I.T.A. No. I.T.A. No. I.T.A. No. 2796 2796 /Chny 2796 Chny Chny/201 Chny 201 2019 201

2.

When this appeal was taken up for hearing, vide letter dated 09.02.2021, 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 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 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 I.T.A. No. I.T.A. No. I.T.A. No. 2796 2796 /Chny 2796 Chny Chny/201 Chny 201 2019 201 Assessee in respect of the settlement of dispute relating to the Vivad- se-Vishwas Scheme 2020.

6.

In the result, the appeal filed by the assessee is 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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