M/S. APC DRILLING & CONSTRUCTION CO., NAMAKKAL V. ACIT, CIRLCE-1, NAMAKKAL

CO 14/CHNY/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6218 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 1 month(s) 16 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 19-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 04-03-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G JOHNSON
• Assessee Lawyers: H YESHWANTH KUMAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI . . , . , BEFORE SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ ITA NO.121/CHNY/2020 /ASSESSMENT YEAR: 2011-12 & CROSS OBJECTION NO.14/CHNY/2020 /ASSESSMENT YEAR: 2011-12 ( IN ITA NO.121/CHNY/2020 ) THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, NAMAKKAL. V. M/S.APC DRILLING & CONSTRUCTION CO., NO.263, MULLAI NAGAR, A.S.PETTAI, NAMAKKAL-637 001. [PAN: AAIFA 5673 M] ( /APPELLANT) ( /RESPONDENT/ CROSS-OBJECTOR) DEPARTMENT BY : MR.G. JOHNSON, ADDL.CIT ASSESSEE BY : MR.H. YESHWANTH KUMAR, CA /DATE OF HEARING : 19.04.2021 /DT. OF PRONOUNCEMENT : 19.04.2021 / O R D E R PER DUVVURU R.L.REDDY, JUDICIAL MEMBER : THE REVENUE FILED THIS APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS), SALEM, IN ITA NO.102/2018- 19 DATED 30.09.2019 FOR THE AY 2011-12. CO NO.14/CHNY/2020 IS A CROSS- OBJECTION FILED BY THE ASSESSEE IN THE REVENUES AP PEAL NO.121/CHNY/2020 FOR THE AY 2011-12. ITA NO.121/CHNY/2020 & CO NO.14/CHNY/2020 :- 2 -: 2. WHEN THIS APPEAL/CROSS OBJECTION WERE TAKEN UP F OR HEARING, BY FILING FORM NOS.1 &2, THE LEARNED COUNSEL FOR THE A SSESSEE HAS SUBMITTED THAT THE ASSESSEE HAS OPTED TO AVAIL THE VIVAD-SE-V ISHWAS 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 C OURSE 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. 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPR ESENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE REVENUE/ASSESSEE. 4. WE HAVE PERUSED THE MATERIALS AVAILABLE ON RECOR D AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 5. IN THIS CASE, THE ASSESSEE HAS OPTED FOR THE VIV AD-SE-VISHWAS SCHEME 2020 AND FILED FORM NOS.1 &2 AND THE DESIGNA TED AUTHORITY IS YET TO ISSUE FORM NO.3 FOR THE SETTLEMENT OF PENDING TA X DISPUTE. SINCE THE ASSESSEE HAS SUBMITTED THAT FORM NO.3 WOULD BE SUBM ITTED BEFORE THE TRIBUNAL AS AND WHEN IT IS ISSUED AND PRAYED FOR PE RMITTING THE ASSESSEE TO WITHDRAW THE APPEAL/CROSS OBJECTION, THE APPEAL/ CROSS OBJECTION FILED BY THE REVENUE/ASSESSEE ARE PERMITTED TO BE WITHDRA WN. HOWEVER, IT IS OPEN TO THE REVENUE/ASSESSEE TO APPROACH THE TRIBUN AL BY FILING AN APPROPRIATE APPLICATION IN THE EVENT OF ANY INJUSTI CE CAUSED TO THE ITA NO.121/CHNY/2020 & CO NO.14/CHNY/2020 :- 3 -: REVENUE/ASSESSEE IN RESPECT OF THE SETTLEMENT OF DI SPUTE RELATING TO THE VIVAD-SE-VISHWAS SCHEME 2020. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE A S WELL AS THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSED AS WI THDRAWN. ORDER PRONOUNCED ON THE 19 TH DAY OF APRIL, 2021, IN CHENNAI. SD/- SD/- ( . ) (S. JAYARAMAN) / ACCOUNTANT MEMBER ( . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER /CHENNAI, /DATED: 19 TH APRIL, 2021. TLN ! /COPY TO: 1. /APPELLANT 4. $ /CIT 2. /RESPONDENT 5. /DR 3. $ ( ) /CIT(A) 6. /GF