SURYA OIL AND EXTRACTIONS PVT LTD, VILLIPURAM V. DC IT VILLIPURAM CIRCLE, VILLIPURAM

ITA 1099/CHNY/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1094 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 17-06-2021
• Assessment Year: 2014-2015
• Appeal Filed On: 02-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• 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.1099/CHNY/2018 /ASSESSMENT YEAR: 2014-15 M/S. SURYA OIL & EXTRACTIONS PVT. LTD., NO.25, SALEM MAIN ROAD, KALLAKURICHI, VILLUPURAM 606 202. V. THE DY. COMMISSIONER OF INCOME TAX, VILLUPURAM CIRCLE, VILLUPURAM. [PAN: AABCS 5017 R] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR.H.YESHWANTH KUMAR, CA /RESPONDENT BY : MR.SURESH PERIASAMY, JCIT /DATE OF HEARING : 17.06.2021 /DT. OF PRONOUNCEMENT : 17.06.2021 / O R D E R PER DUVVURU R.L. REDDY, JUDICIAL MEMBER: THE ASSESSEE FILED THIS APPEAL AGAINST THE ORDER O F THE COMMISSIONER OF INCOME TAX (APPEALS), PUDUCHERRY, IN ITA NO.133/ CIT(A)-PDY/2016-17 DATED 21.08.2017 FOR THE AY 2014-15. 2. THIS APPEAL FILED BY THE ASSESSEE IS DELAYED BY 155 DAYS, FOR WHICH, THE ASSESSEE HAS FILED AFFIDAVIT FOR CONDONATION OF THE DELAY, TO WHICH, THE REVENUE HAS NOT RAISED ANY SERIOUS OBJECTION. CONS EQUENTLY, THE DELAY OF ITA NO.1099 /CHNY/2018 :- 2 -: 155 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 L EARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HAS OP TED TO AVAIL THE VIVAD-SE-VISHWAS SCHEME 2020 AND FORM NO.3 WAS ALSO ISSUED. HE HAS SUBMITTED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 4. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPR ESENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE. 5. WE HAVE HEARD BOTH THE SIDES, PERUSED THE MATERI ALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITI ES BELOW. 6. IN THIS CASE, THE ASSESSEE HAS OPTED FOR THE VIV AD-SE-VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY HAS ISSUED FORM NO.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. ACCORDINGLY, HE PRAYED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 7. IN VIEW OF THE SUBMISSIONS OF THE ASSESSEE, 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 APPR OPRIATE APPLICATION IN THE EVENT OF ANY INJUSTICE CAUSED TO THE ASSESSEE I N RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO THE VIVAD-SE-VISH WAS SCHEME 2020. ITA NO.1099 /CHNY/2018 :- 3 -: 8. IN THE RESULT, THE APPEAL OF THE ASSESSEE IN ITA NO.1099/CHNY/2018 IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 17 TH DAY OF JUNE, 2021, IN CHENNAI. SD/- SD/- ( . ) (S. JAYARAMAN) / ACCOUNTANT MEMBER ( . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER /CHENNAI, /DATED: 17 TH JUNE, 2021. TLN /COPY TO: 1. /APPELLANT 4. /CIT 2. /RESPONDENT 5. /DR 3. ( ) /CIT(A) 6. # /GF