ACIT, CIRLCE-1,, NAMAKKAL vs. M/S. APC DRILLING & CONSTRUCTION CO.,, NAMAKKAL

The Revenue filed this appeal against the order of the Commissioner of Income Tax (Appeals), Salem, in dated 30.09.2019 for the AY 2011-12. CO No.14/Chny/2020 is a Cross- Objection filed by the assessee in the Revenue’s Appeal No.121/Chny/2020 for the AY 2011-12.

When this Appeal/Cross Objection were taken up for hearing, by filing Form Nos.1 &2, the learned counsel for the Assessee has submitted that the assessee has opted to avail the Vivad-se-Vishwas Scheme 2020.

On the other hand, the learned Departmental Representative has not raised any objection to the submissions of the Revenue/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 filed Form Nos.1 &2 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 before the Tribunal as and when it is issued and prayed for permitting the assessee to withdraw the appeal/Cross Objection, the appeal/Cross Objection filed by the Revenue/Assessee are permitted to be withdrawn. However, it is open to the Revenue/Assessee to approach the Tribunal by filing an appropriate application in the event of any injustice caused to the CO No.14/Chny/2020 :- 3 -: Revenue/Assessee in respect of the settlement of dispute relating to the Vivad-se-Vishwas Scheme 2020.

In the result, the appeal filed by the Revenue as well as the Cross Objection filed by the assessee are dismissed as withdrawn.