RGE Constructions and Development Private Limited, CHENNAI V. DCIT Corporate Circle 5(2), CHENNAI

CO 91/CHNY/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6657 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 5 month(s) 27 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 01-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 04-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MRS R ANITA
• Assessee Lawyers: SANDHYAARTI T

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI . . , . , BEFORE SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ ITA NO.2101/CHNY/2017 & ITA NO.2106/CHNY/2019 /ASSESSMENT YEARS: 2013-14 & 2014-15 & CO NO.148/CHNY/2017 & CO NO.91/CHNY/2019 /ASSESSMENT YEARS: 2013-14 & 2014-15 ( IN ITA NO.2101/CHNY/2017 & IN ITA NO.2106/CHNY/2019 ) THE ACIT / DCIT, CORPORATE CIRCLE-5(2), CHENNAI. V. M/S.RGE CONSTRUCTIONS AND DEVELOPMENT PVT. LTD., MENA KAMPALA ARCADE, 6 TH FLOOR, B-WING, 113-114, THIYAGARAYA ROAD, T.NAGAR, CHENNAI-17. [PAN: AADCR 6449 Q] ( /APPELLANT) ( /RESPONDENT/ CROSS-OBJECTOR) DEPARTMENT BY : MRS.R.ANITA, JCIT ASSESSEE BY : MS.SANDHYAARTI.T, CA /DATE OF HEARING : 31.03.2021 /DT. OF PRONOUNCEMENT : 01.04.2021 / O R D E R PER BENCH : THE REVENUE FILED THESE APPEALS AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-3, CHENNAI, IN ITA NO.199/16- 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 R EVENUES APPEAL ITA NO.2101/CHNY/2017 ITA NO.2106/CHNY/2019 CO NO.148/CHNY/2017 CO NO.91/CHNY/2019 :- 2 -: NO.2101/CHNY/2017 FOR THE AY 2013-14 AND CO NO.91/C HNY/2019 IS A CROSS-OBJECTION FILED BY THE ASSESSEE IN THE REVENU ES APPEAL NO.2106/CHNY/2019 FOR THE AY 2014-15. 2. WHEN THESE APPEALS/CROSS OBJECTIONS WERE TAKEN U P 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 AUTHO RITY 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 FURTH ER 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 THE DESIGNATED AUTHORITY IS YET TO ISSUE FORM NO.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. SINCE THE AS SESSEE HAS SUBMITTED THAT FORM NO.3 WOULD BE SUBMITTED BEFORE THE TRIBUN AL AS AND WHEN IT IS ISSUED AND PRAYED FOR PERMITTING THE ASSESSEE TO WI THDRAW THE APPEALS/CROSS OBJECTIONS, THE APPEALS/CROSS OBJECTI ONS FILED BY THE ITA NO.2101/CHNY/2017 ITA NO.2106/CHNY/2019 CO NO.148/CHNY/2017 CO NO.91/CHNY/2019 :- 3 -: REVENUE/ASSESSEE ARE PERMITTED TO BE WITHDRAWN. HO WEVER, IT IS OPEN TO THE REVENUE/ASSESSEE TO APPROACH THE TRIBUNAL BY FI LING 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. 6. IN THE RESULT, THE APPEALS FILED BY THE REVENUE AS WELL AS THE CROSS OBJECTIONS FILED BY THE ASSESSEE ARE DISMISSED AS W ITHDRAWN. ORDER PRONOUNCED ON THE 1 ST DAY OF APRIL, 2021, IN CHENNAI. SD/- SD/- ( . ) (S. JAYARAMAN) / ACCOUNTANT MEMBER ( . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER /CHENNAI, /DATED: 1 ST APRIL, 2021. TLN ! /COPY TO: 1. /APPELLANT 4. $ /CIT 2. /RESPONDENT 5. /DR 3. $ ( ) /CIT(A) 6. /GF