LLM APPLIANCES PRIVATE LIMITED, CHENNAI V. ACIT CENTRAL CIRCLE 2(4), CHENNAI

ITA 102/CHNY/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5386 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 8 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 10-11-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 14-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 22

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , C B ENCH, CHENNAI , . , % BEFORE SHRI MAHAVIR SINGH, VICE-PRESIDENT AND SHRI G.MANJUNATHA, ACCOUNTANT MEMBER ./ I.T.A.NO.102/CHNY/2020 ( / ASSESSMENT YEAR: 2015-16) M/S.LLM APPLIANCES PVT.LTD. 1/3, ANNACHI BUILDING, SOUNDARARAJAN STREET, T.NAGAR, CHENNAI-600 017. VS THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(4), CHENNAI-600 034. PAN: AAACL 1900F ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR.D.PALANIVEL, ADVOCATE /RESPONDENT BY : MR. ABANI KANTA NAYAK, CIT /DATE OF HEARING : 22.09.2021 /DATE OF PRONOUNCEMENT : 22.09.2021 / O R D E R PER G.MANJUNATHA, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF THE LEARNED CIT(A-19, CHENNAI DATED 14.11. 2019 AND PERTAINS TO ASSESSMENT YEAR 2015-16. 2. WE HAVE HEARD LEARNED COUNSEL FOR THE ASSESSEE AND LEARNED DR AND ALSO PERUSED THE MATERIALS AVAILABLE ON RECORD. AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASS ESSEE HAS FILED A LETTER ALONG WITH FORM NO.3 ISSUED BY THE D EPARTMENT UNDER VIVAD SE VISHWAS SCHEME, 2020 AND SUBMITTED THAT THE ASSESSEE HAS AVAILED THE VSVS SCHEME TO SETTLE ITS PENDING DISPUTES. THE ID. COUNSEL FOR THE ASSESSEE FURTHER SUBMITTED THAT THE DEPARTMENT HAS ACCEPTED APPLICATION FILED BY THE 2 ITA NO.102/CHNY/2020 ASSESSEE AND ISSUED FORM 3 QUANTIFYING AMOUNT OF TA XES PAYABLE UNDER VSVS SCHEME. THEREFORE, THE ID. COUN SEL FOR THE ASSESSEE SUBMITTED THAT THE APPEAL FILED BY THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN. THE ID. DR, ON THE OTHER HAND, HAS NO OBJECTION FOR DISMISSING THE APPEAL AS THE DESIGNATED AUTHORITY HAS ISSUED FORM 3. THEREFORE, CONSIDERING THE FACT THAT THE ASSESSEE HAS FILED AP PLICATION FOR WITHDRAWAL OF APPEAL AND HAS ALSO FILED FORM 3 ISSU ED BY THE DEPARTMENT, WE DISMISS THE APPEAL FILED BY THE ASSE SSEE AS WITHDRAWN. HOWEVER, A LIBERTY IS GIVEN TO THE ASSES SEE TO RESTORE THE APPEAL, IN CASE THE APPLICATION FILED B Y THE ASSESSEE BEFORE THE DESIGNATED AUTHORITY, IS REJECTED FOR AN Y REASON. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSE SSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND SEPTEMBER, 2021 SD/- SD/- ( ) ( . ) (MAHAVIR SINGH) (G. MANJUNATHA ) / VICE-PRESIDENT % / ACCOUNTANT MEMBER ' /CHENNAI, ( / DATED 22 ND SEPTEMBER, 2021 DS *+ ,+ /COPY TO: 1. APPELLANT 2. RESPONDENT 3. - () /CIT(A) 4. - /CIT 5. + 1 /DR 6. /GF .