DCIT CORPORATE CIRCLE 5(2), CHENNAI vs. RGE CONSTRUCTIONS AND DEVELOPMENT PRIVATE LIMITED, CHENNAI

The Revenue filed these appeals against the order of the Commissioner of Income Tax (Appeals)-3, Chennai, in 17/A-3 dated 31.05.2017 for the AY 2013-14 & in ITA No.136/CIT(A)- 3/2017-18 dated 14.05.2017 for the AY 2014-15. CO No.148/Chny/2017 is a Cross-Objection filed by the assessee in the Revenue’s Appeal CO No.148/Chny/2017 CO No.91/Chny/2019 :- 2 -: No.2101/Chny/2017 for the AY 2013-14 and CO No.91/Chny/2019 is a Cross-Objection filed by the assessee in the Revenue’s Appeal No.2106/Chny/2019 for the AY 2014-15.

When these Appeals/Cross Objections were taken up for hearing, the learned counsel for the Assessee has submitted that the assessee has opted to avail the Vivad-se-Vishwas Scheme 2020. It was further a submission that Form No.3 from the designated authority is yet to be issued and would be submitted in due course and the same shall be furnished after issuance of Form No.3. It has further submitted that it 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 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 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 appeals/Cross Objections, the appeals/Cross Objections filed by the CO No.148/Chny/2017 CO No.91/Chny/2019 :- 3 -: Revenue/Assessee are permitted to be withdrawn.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 Revenue/Assessee in respect of the settlement of dispute relating to the Vivad-se-Vishwas Scheme 2020.

In the result, the appeals filed by the Revenue as well as the Cross Objections filed by the assessee are dismissed as withdrawn.