RAMLAL KAWARLAL JAIN, CHENNAI V. ACIT CENTRAL CIRCLE 1(3), CHENNAI

ITA 1261/CHNY/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1256 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 9 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 26-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: CHNY
• Section: 201

Judgement Text

/ DATE OF HEARING : 27-01-2021 / DATE OF PRONOUNCEMENT : 01-02-2021 / O R D E R PER DUVVURU R.L.REDDY, JUDICIAL MEMBER: THIS APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-18, CHENNA I, IN ITA NO.433/16-17 DATED 26.02.2019 & IN ITA NO.180/1 7-18 DATED 26.02.2019 RELEVANT TO THE ASSESSMENT YEARS 201 4-15 & 2015-16 RESPECTIVELY. , , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI . . , . , , BEFORE SHRI DUVVURU R.L. REDDY , JUDICIAL MEMBER AND SHRI G. MANJUNATHA , ACCOUNTANT MEMBER ITA NO. AY APPELLANT RESPONDENT 1261 & 1262/CHNY/2019 2014-15 & 2015-16 SHRI RAMLAL KAWARLAL JAIN, NO.27, RAGHUNAYAKALU STREET, PART TOWN, CHENNAI-600 003. (PAN: AADPJ 3859 P) THE ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), CHENNAI. / APPELLANT BY : MR. S. BASKARAN , ADV. / RESPONDENT BY : MR.SURESH PERIASAMY, JCIT ITA NOS.1261 & 1262/C/2019 :: 2 :: 2. WHEN THIS APPEAL WAS TAKEN UP FOR HEARING, VIDE LE TTER DATED 25.01.2021, THE ASSESSEE HAS SUBMITTED THAT HE HAS OPTED TO AVAIL THE VIVAD-SE-VISHWAS SCHEME 2020. IT WAS FURT HER A SUBMISSION THAT FORM NO.3 FROM THE DESIGNATED AUTHORITY IS YET TO BE ISSUED AND WOULD BE SUBMITTED IN DUE COURSE AND THE SAME SHALL BE FURNISHED AFTER ISSUANCE OF FORM NO.3. HE HAS FURTHER SUBMITTED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPE AL. 3. ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISS IONS OF THE ASSESSEE. 4. WE HAVE PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 5. IN THIS CASE, THE ASSESSEE HAS OPTED FOR THE VIVAD- SE- VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY IS YET TO ISSUE FORM NO.3 FOR THE SETTLEMENT OF PENDING TAX DISPUT E. SINCE THE ASSESSEE HAS SUBMITTED THAT FORM NO.3 WOULD BE SUBMI TTED AS AND WHEN IT IS ISSUED AND PRAYED FOR PERMITTING THE A SSESSEE TO WITHDRAW THE APPEAL, THE APPEAL FILED BY THE ASSES SEE IS PERMITTED TO BE WITHDRAWN. HOWEVER, IT IS OPEN TO THE ASSESSEE ITA NOS.1261 & 1262/C/2019 :: 3 :: TO APPROACH THE TRIBUNAL BY FILING AN APPROPRIATE APPLIC ATION IN THE EVENT OF ANY INJUSTICE CAUSED TO THE ASSESSEE IN RESPE CT OF THE SETTLEMENT OF DISPUTE RELATING TO THE VIVAD-SE-VISHW AS SCHEME 2020. 6. IN THE RESULT, THE APPEALS OF THE ASSESSEE IN ITA NO S.1261 & 1262/CHNY/2019 ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 01 ST DAY OF FEBRUARY, 2021, IN CHENNAI. SD/ - SD/ - ( . ) (G. MANJUNATHA) /ACCOUNTANT MEMBER ( . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER /CHENNAI, /DATED: 01 ST FEBRUARY, 2021. TLN /COPY TO: 1. /APPELLANT 4. /CIT 2. /RESPONDENT 5. /DR 3. ( ) /CIT(A) 6. ! /GF