G.PALANISWAME,CHENNAI vs. ACIT, COIMBATORE
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 appeal as per their submission. The assessee retains the right to approach the Tribunal if any injustice arises from 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's counsel requested permission to withdraw the appeal.
What were the issues?
Whether the assessee can withdraw an appeal after opting for the Vivad-se-Vishwas Scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI
Before: SHRI V. DURGA RAO & SHRI G. MANJUNATHA
आदेश / O R D E R
PER SHRI V. DURGA RAO, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order of the learned Commissioner of Income Tax (Appeals)-2, Coimbatore in dated 30.12.2016 relevant to the Assessment Year 2008-09.
When this appeal is taken up for hearing, vide letter dated 07.04.2021, the learned Counsel for the assessee has submitted that 2 -: the assessee has opted to avail the Vivad-se-Vishwas Scheme 2020 and Form No.3 was also issued. The learned Counsel for the assessee has also 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 through video conferencing, 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In view of the submissions of the assessee, the appeal filed by the assessee is permitted to be withdrawn.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In the result, the appeal filed by the assessee is dismissed as withdrawn.
Order pronounced on 08th April, 2021 in Chennai.
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