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Income Tax Appellate Tribunal, “D” BENCH, CHENNAI
Before: SHRI DUVVURU RL REDDY & SHRI S. JAYARAMAN
आदेश/ O R D E R
PER S. JAYARAMAN, ACCOUNTANT MEMBER:
The assessee filed this appeal against the order of the Commissioner of Income Tax (Appeals)- 7, Chennai in dated 21.08.2018 for the assessment year 2015-16.
:-2-: ITA No: 2782/Chny/2018
The above case was heard through video conferencing. At the time of 2. hearing, learned counsel for the assessee inviting our attention to the copy of the letter dated 29.03.2021 submitted that the assessee wanted to utilize the Direct Taxes ‘Vivad se Vishwas Scheme, 2020’ to settle pending dispute relating to Direct Taxes and in this regard the assessee has filed form No 1 and 2 and received Form No. 3 from the designated authority.
The Bench has considered rival contentions of both sides and after hearing both parties, we find that the assessee has filed declaration in Form No.1 along with undertaking waiving rights for any remedy in Form No. 2 to the designated Authority and has received Form 3. Therefore, we dismiss the appeal filed by the assessee, supra, as withdrawn. However, liberty is given to the assessee to restore the appeal, in the event of the Designated Authority, for any reason reject the application filed by the assessee under section 4 of the said Act. We, further make it clear that if the assessee has for any reason opted out from the scheme or the applicant under the scheme misrepresent any fact which resulted in rejection of application filed under the scheme, then the provisions of section 4(6) of the Act, shall be applicable to all such appeals and in such cases, all the proceedings and the claims which were withdrawn under section 4 and all the consequences under the Income- tax Act against the declarant shall be deemed to have been revived. We, further make it clear that the assessee should promptly inform the Assessing
:-3-: ITA No: 2782/Chny/2018 Officer about their decision to opt out of the scheme or rejection of application by the designated authority to the Assessing Officer, so as to enable to file miscellaneous application to restore the appeal.
In the result, the appeal filed by the assessee is dismissed as withdrawn.
Order pronounced on 07th April, 2021 at Chennai.