DR D. SURESH KUMAR,COIMBATORE vs. ITO, NCW-2(5), COIMBATORE

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ITA 23/CHNY/2019Status: DisposedITAT Chennai30 March 2021AY 2011-123 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeal as they had opted for the Vivad-se-Vishwas Scheme and were awaiting the issuance of Form No. 3. The assessee was given liberty to approach the Tribunal if any injustice occurred.

What were the facts?

The assessee filed an appeal against an order of the CIT(A) for AY 2011-12. The appeal was delayed by 4 days, which was condoned. The assessee then opted for the Vivad-se-Vishwas Scheme 2020.

What were the issues?

Whether the appeal should be withdrawn due to the assessee opting for the Vivad-se-Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI

Before: SHRI DUVVURU R.L. REDDY & SHRI S. JAYARAMAN

Hearing: 29.03.2021

आदेश / O R D E R PER DUVVURU R.L. REDDY, JUDICIAL MEMBER:

1.

The assessee filed this appeal against the order of the Commissioner of Income Tax (Appeals)-2, Coimbatore, in Appeal No.255/2014-15 dated 29.10.2018 for the AY 2011-12.

2.

This appeal filed by the assessee is delayed by ‘04’ days, for which, the assessee has filed Affidavit for condonation of the delay, to which, the Revenue has not raised any serious objection. Consequently, the delay of ‘04’ days in filing of the appeal stands condoned and the appeal is disposed off on merits.

3.

When this appeal was taken up for hearing, the Assessee has submitted that she 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. He has further submitted that he may be permitted to withdraw the appeal.

4.

On the other hand, the learned Departmental Representative has not raised any objection to the submissions of the Assessee.

5.

We have perused the materials available on record and gone through the orders of the authorities below.

6.

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 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.

7.

In the result, the appeal of the Assessee in is dismissed as withdrawn.

Order pronounced on the 30th day of March, 2021, in Chennai.

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