DCIT, CHENNAI V. Ryan Properties Pvt. Ltd., CHENNAI

ITA 1233/CHNY/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2757 (ITAT-CHENNAI)
• Duration Of Justice: 4 year(s) 5 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-10-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 26-08-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 18-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS R ANITHA

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI , , ' BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./ ITA NO.1233/CHNY/2017 /ASSESSMENT YEAR: 2009-10 THE DY. COMMISSIONER INCOME TAX, CORPORATE CIRCLE-5(2), CHENNAI. VS. M/S. RYAN PROPERTIES PVT. LTD., 1, 5 TH FLOOR, KENCES TOWERS, RAMAKRISHNA STREET, T. NAGAR, CHENNAI 600 017. [PAN: AABCR 6374G] ( ) /APPELLANT) ( *+) /RESPONDENT) ) / APPELLANT BY : MRS. R. ANITHA, ADDL. CIT *+) /RESPONDENT BY : MR. VIJAY J. REDDY, C.A /DATE OF HEARING : 20.10.2021 / DATE OF PRONOUNCEMENT : 20.10.2021 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-3, CHENNAI IN I.T.A NO.119/16-17/CIT(A)-3 DATED 27.02.2017 RELEVA NT TO THE ASSESSMENT YEAR 2009-10. I.T.A NO.1233/CHNY/2017 :- 2 -: 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, THE LE ARNED COUNSEL FOR THE ASSESSEE VIDE LETTER DATED 28.09.2021 HAS SUBMI TTED THAT THE ASSESSEE HAS OPTED TO AVAIL THE VIVAD-SE-VISHWAS SC HEME 2020 AND FORM NO.3 WAS ALSO ISSUED. HE HAS ALSO SUBMITTED T HAT HE 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 LEARNED COUNSEL FOR THE ASSESSEE. 4. WE HAVE HEARD BOTH THE SIDES, PERUSED THE MATERI ALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITI ES BELOW. 5. 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 , IT PRAYED THAT IT MAY BE PERMITTED TO WITHDRAW THE APPEAL. 6. IN VIEW OF THE SUBMISSIONS OF THE ASSESSEE, THE APPEAL FILED BY THE ASSESSEE IS PERMITTED TO BE WITHDRAWN.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 ASSESSE E IN RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO THE VIVAD-SE-VISH WAS SCHEME 2020. I.T.A NO.1233/CHNY/2017 :- 3 -: 7. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 20 TH OCTOBER, 2021 IN CHENNAI. SD/- SD/- ( ) (G. MANJUNATHA) /ACCOUNTANT MEMBER ( ) (V. DURGA RAO) /JUDICIAL MEMBER /CHENNAI, /DATED: 20 TH OCTOBER, 2021 . EDN/- /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. /GF