Triton Health Care Private Limited, CHENNAI V. ITO Corporate Ward 3(2), CHENNAI

ITA 1301/CHNY/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2265 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 9 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 29-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: K VISHVA PADMANABHAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI . . , . , BEFORE SHRI DUVVURU R . L . REDDY , JUDICIAL MEMBER AND SHRI S. JAYA RAMAN, ACCOUNTANT MEMBER ./ ITA NO.1301/CHNY/2019 /ASSESSMENT YEAR: 2013-14 M/S.TRITON HEALTH CARE PVT. LTD., NO.75, DHANALAKSHMI COLONY, NATARAJAN STREET, VADAPALANI, CHENNAI-600 026. VS. THE INCOME TAX OFFICER, CORPORATE WARD-3(2), CHENNAI. [PAN: AABCT 3051 A ] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. K.VISHVA PADMANABHAN, CA /RESPONDENT BY : MR. SURESH PERIASAMY, JC IT /DATE OF HEARING : 18.02 .20 2 1 /DT. OF PRONOUNCEMENT : 18.02.2021 / O R D E R PER SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER: THIS APPEAL FILED BY THE ASSESSEE IS AGAINST THE O RDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-11, CH ENNAI, IN ITA NO.309/15-16 DATED 15.02.2019 RELEVANT TO THE ASSES SMENT YEAR 2013-14. ITA NO.1301/CHNY/2019 :- 2 -: 2. WHEN THIS APPEAL WAS TAKEN UP FOR HEARING, THE L EARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ASS ESSEE HAS OPTED 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. 3. ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPRE SENTATIVE 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 AUTHOR ITIES 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. ACCORDI NGLY, HE PRAYED THAT HE 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 IN VIEW OF THE SUBMISSIONS OF THE ASSESSEE, THE APPEAL FILED BY THE ASSESSEE IS PERMITTED TO BE WITHDRAWN.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 APPROPRIATE ITA NO.1301/CHNY/2019 :- 3 -: APPLICATION IN THE EVENT OF ANY INJUSTICE CAUSED TO THE ASSESSEE IN RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO TH E VIVAD-SE-VISHWAS SCHEME 2020. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE IN ITA NO.1301/CHNY/2019 IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 18 TH DAY OF FEBRUARY, 2021, IN CHENNAI. S D/ - S D/ - ( . ) (S. JAYARAMAN) /ACCOUNTANT MEMBER ( . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER /CHENNAI, /DATED: 18 TH FEBRUARY, 2021. TLN ! /COPY TO: 1. /APPELLANT 4. $ /CIT 2. /RESPONDENT 5. /DR 3. $ ( ) /CIT(A) 6. /GF