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Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI
Before: SHRI V. DURGA RAO & SHRI G. MANJUNATHA
आदेश / O R D E R
PER V. DURGA RAO, JUDICIAL MEMBER:
This appeal filed by the assessee is against the order of the learned Commissioner of Income Tax, (Appeals)-17 in dated 05.02.2018 relevant to the Assessment Year 2010 - 2011.
2 -: 2. In this case, there is a delay of 240 days in filing the appeal. The Assessee has filed an affidavit wherein he has explained the reason for the delay. We have gone through the entire affidavit and we find that there is sufficient cause to condone the delay. Accordingly, the delay in condoned.
So far as the merits of the case is concerned, the Assessee has already opted to avail the Vivad-se-Vishwas Scheme 2020 and Form No.3 issued by the designated authority is received. He has submitted that he 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 has issued Form No.3 for the settlement of pending tax dispute. Accordingly, he prayed that he may be permitted to withdraw the appeal.
In view of the submissions of the Assessee, the appeal filed by the Assessee is permitted to be withdrawn.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 Assessee in respect of the settlement of dispute relating to the Vivad-se-Vishwas Scheme 2020.
In the result, the appeal of the Assessee in is dismissed as withdrawn.
Order pronounced on 9th February, 2021 in Chennai.