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Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI
Before: SHRI DUVVURU R.L. REDDY & SHRI G. MANJUNATHA
आदेश / O R D E R PER DUVVURU R.L.REDDY, JUDICIAL MEMBER:
These appeals filed by the assessee are against the order of the learned Commissioner of Income Tax (Appeals)-1, Thiruchirapalli, in 155/2012-13 dated 01.02.2018 relevant to the Assessment Years 2009-10 & 2010-11 respectively.
ITA Nos.669 & 671/C/2018 :: 2 ::
When this appeal was taken up for hearing, vide Memo dated 27.01.2021, the Assessee has submitted that it has opted to avail the Vivad-se-Vishwas Scheme 2020. The Ld.Counsel for the assessee has submitted the following submissions:
As the assessee/petitioner has opted for Vivad Se Viswas Scheme, 2020, in e-filing Form No.1&2 in relation to the above pending appeal(s), the assessee/petitioner accordingly pleads for adjourning the matter for one month for getting the Form No.3 from the competent authority in the interest of justice. As per Section 4(2) r.w.s.5(1) of the said Act, the presumption of law for the eligibility to close the proceedings is on the pendency of the appeal(s) up to the date of issuance of Form No.3 and hence the prayer for re-fixing the matter to a later date for which the assessee/Petitioner undertakes to inform the receipt of Form No.3 immediately to the Registry of the Appellate Tribunal to close the pending appeal(s). In any event, the assessee/Petitioner prays in the event of the closure of the present proceedings for passing appropriate order as per the provisions of Section 4(2) r.w.s5(1) of the Vivad Se Viswas Act, 2020 to treat the disposal order as deemed withdrawal as on the date of issuance of Form No.3. The assessee/Petitioner further prays for granting of liberty for restoration of the appeal(s) in the event of the assessee/Petitioner is not in a position to settle the matter under the Vivad Se Viswas Act, 2020 in accordance with Section 4(6) of the said Act.
Pending filing of Form Nos.1 & 2 and issuance of Form No.3, the Ld.Counsel for the assessee has prayed that the appeal of the assessee may be permitted to be withdrawn.
On the other hand the learned Departmental Representative has not raised any objection to the submissions of the Assessee.
We have 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 is yet to issue Form No.3 & 671/C/2018 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 Assessee in respect of the settlement of dispute relating to the Vivad- se-Vishwas Scheme 2020.
In the result, the appeals of the Assessee in & 671/Chny/2018 are dismissed as withdrawn.
Order pronounced on the 01st day of February, 2021, in Chennai.