ANANTHARAMAN VENKATESH,COIMBATORE V. ACIT, NCC-4, COIMBATORE

CO 76/CHNY/2024

AI Insights

The case involves an appeal by the Assistant Commissioner of Income Tax against Anantharaman Venkatesh concerning the assessment year 2016-17. The appeal was directed against an order passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi. During the proceedings, the respondent's representative submitted that they had opted for the Vivad-se-Vishwas Scheme 2024, which aims to resolve tax disputes amicably. This submission included the filing of Form 1 under the scheme. The Revenue did not oppose this submission, leading to the dismissal of both the appeal and the related Cross Objection.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 107581 (ITAT-CHENNAI)
• Appeal Type: Cross Objection
• Pronouncement Date: 28-02-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2016-2017
• Laws Referred To: DTVSV 2024
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: H. YESHWANTH KUMAR
• Assessee Lawyers: V. ASWATHY

Judgement Text

"आयकर अपीलीय अिधकरण, ’सी’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI ŵी एस.एस. िवʷनेũ रिव, Ɋाियक सद˟ एवं ŵी जगदीश, लेखा सद˟ क े समƗ । Before Shri S.S. Viswanethra Ravi, Judicial Member & Shri Jagadish, Accountant Member आयकर अपील सं./I.T.A. No.2555/Chny/2024 िनधाŊरण वषŊ/Assessment Year: 2016-17 & C.O. No. 76/Chny/2024 [In I.T.A. No. 2555/Chny/2024] The Assistant Commissioner of Income Tax, Non Corporate Circle 4, Coimbatore. Vs. Anantharaman Venkatesh, 37/4&5, SAS Garden, III Floor, Sri Ram Nagar,. Chokkampudur Road, Coimbatore 641 039. [PAN:ABSPV8374P] (अपीलाथŎ/Appellant) (ŮȑथŎ/Respondent/Cross Objector) अपीलाथŎ की ओर से / Appellant by : Ms. V. Aswathy, JCIT ŮȑथŎ की ओर से/Respondent by : Shri H. Yeshwanth Kumar, C.A. सुनवाई की तारीख/ Date of hearing : 25.02.2025 घोषणा की तारीख /Date of Pronouncement : 28.02.2025 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER: This appeal filed by the Revenue is directed against the order dated 21.08.2024 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi for the assessment year 2016-17. 2. When the appeal was taken up for hearing, by filing an application along with Form No. 1 under DTVSV 2024 and I.T.A. No.2555/Chny/24 & C.O. No. 76/Chny/24 2 acknowledgement thereon, ld. AR Shri H. Yeshwanth Kumar, C.A. submits that the assessee has opted to avail Vivad-se-Vishwas Scheme 2024 for the above assessment year under consideration and Form 2 is yet to be issued by the Designated Authority. He has further submitted that the appeal filed by the Appellant – Revenue may be dismissed as withdrawn. 3. The ld. DR Ms. V. Aswathy, JCIT did not oppose to the submissions of the ld. AR. 4. Having heard both the parties, we note that the assessee opted for the Vivad-se-Vishwas Scheme 2024 and produced copy of Form 1 DTVSV 2024 along with copy of acknowledgement bearing No. 852270780300125 for AY 2016-17 towards settlement of pending tax dispute. In view of the above facts and circumstances, the appeal filed by the Appellant – Revenue is liable to be dismissed as prayed by the ld. AR. However, it is open to the assessee to approach the Tribunal by filing an appropriate application in the event of any prejudice caused in respect of the settlement of tax dispute under the Vivad-se-Vishwas Scheme 2024. Thus, the appeal filed by the Appellant-Revenue is dismissed. I.T.A. No.2555/Chny/24 & C.O. No. 76/Chny/24 3 C.O. No. 76/Chny/2024 5. In view of our decision in Revenue’s appeal, wherein, we dismissed the appeal in view of filing of Form 1 under DTVSV 2024 and acknowledgement thereon, consequently, the Cross Objection arising out of the said Revenue’s appeal in ITA No. 2555/Chny/2024 becomes academic and dismissed accordingly. 6. In the result, both the appeal filed by the Revenue and the Cross Objections filed by the assessee are dismissed. Order pronounced on 28th February, 2025 at Chennai. Sd/- Sd/- (JAGADISH) ACCOUNTANT MEMBER (S.S. VISWANETHRA RAVI) JUDICIAL MEMBER Chennai, Dated, 28.02.2025 Vm/- आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant, 2.ŮȑथŎ/ Respondent, 3. आयकर आयुƅ/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय Ůितिनिध/DR & 5. गाडŊ फाईल/GF. "