DCIT, Central Circle-2(3), Chennai V. C L Sukumar, Vellore

ITA 138/CHNY/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1554 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 16-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 201; 20

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI , , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA , ACCOUNTAN T MEMBER ./ I . T . A NO .137 /CHNY/201 9 ASSESSMENT YEAR: 201 5 - 20 1 6 THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2 (3), NO.46, NUNGAMBAKKAM HIGH ROAD, CHENNAI 600 034 VS. SHRI P. KOWSHIK, L/H OF SHRI C.L. PRABHAKARAN, NO.119, C UTCHERY STREET, THIRUPATHUR, VELLORE 635 601. T.N [PAN: AAKPP 1066B] ( /APPELLANT) ( /RESPONDENT) ./ I.T.A NO.138/CHNY/2019 ASSESSMENT YEAR: 2015 - 2016 THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2 (3), NO. 46, NUNGAMBAKKAM HIGH ROAD, CHENNAI 600 034 VS. SHRI C.L. SUKUMAR NO.18/2, KAP THIRUNATHA, MUDALIAR STREET, THIRUPATHUR, VELLORE 635 601. T.N [PAN: AB CPS 0661C ] ( /APPELLANT) ( /RESPONDENT) ./ I.T.A NO.139/CHNY/2019 ASS ESSMENT YEAR: 2015 - 2016 THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2 (3), NO.46, NUNGAMBAKKAM HIGH ROAD, CHENNAI 600 034 VS. SHRI C.L. RAGHUNATHAN NO.18/2, KAP THIRUNATHA, MUDALIAR STREET, THIRUPATHUR, VELLORE 635 601. T.N [PAN: AAHP R 9098L] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. SURESH PERIASAMY, JCIT /RESPONDENT BY : MR. T. VASUDEVAN, ADVOCATE I . T . A NO S . 137, 138 & 139 /CH NY/201 9 : - 2 - : / DATE OF HEARING : 11 .02.2021 / DATE OF PRO NOUNCEMENT : 15. 02.2021 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER : TH E S E APPEAL S FILED BY THE REVENUE ARE AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 18 IN I.T.A. NO.341/17 - 18, I.T.A. NO.146/17 - 18 AND I.T.A. NO.1 53/17 - 18 ALL DATED 01.10.2018 RELE VANT TO THE ASSESSMENT YEAR 201 5 201 6 RESPECTIVELY. 2. WHEN THE S E APPEAL S W ERE TAKEN UP FOR HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT ALL THE ASSESSEE S HAS OPTED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME 2020 AND FORM NO.3 WAS ALSO ISSUED BY THE DESIGNATED AUTHORITY . HE HAS SUBMITTED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL S . 3. ON TH E OTHER HAND THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE. 4. WE HAVE HEARD BOTH THE SIDES THROUGH VIDEO - CONFERENCING , PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. I . T . A NO S . 137, 138 & 139 /CH NY/201 9 : - 3 - : 5. IN TH ESE CASE S , ALL THE ASSESSEE S HAVE OPTED FOR THE VIVAD - SE - VISHWAS SCHEME 2020 AND THE D ESIGNATED AUTHORITY HAS ISSUED FORM NO.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. ACCORDINGLY, THE LEARNED COUNSEL FOR THE ASSESSEE PRAYED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL S . 6. IN VIEW OF THE SUBMISSIONS OF THE ASSESSEE S , THE APPEAL S FIL ED BY THE ASSESSEE S ARE PERMITTED TO BE WITHDRAWN. HOWEVER, IT IS OPEN TO THE ASSESSEE S TO APPROACH THE TRIBUNAL BY FILING AN APPROPRIATE APPLICATION IN THE EVENT OF ANY INJUSTICE CAUSED TO THE ASSESSEE S IN RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO THE VIVAD - SE - VISHWAS SCHEME 2020. 7 . IN THE RESULT, ALL THE THREE APPEA L S FILED BY THE REVENUE IN I.T.A . NO. 137, 138 & 139 /CHNY/201 9 ARE DISMIS SED AS WITHDRAWN. ORDER PRONOUNCED ON 15 TH FEBRUARY , 2021 IN CHENNAI. SD/ - ( ) ( G. MANJUNATHA) /ACCOUNTANT MEMBER SD/ - ( ) ( V. DURGA RAO ) /JUDICIAL MEMBER / CHENNAI, / DATED: 15 TH FEBRUAR Y , 2021 IA , SR. PS / COPY TO: 1. / APPELLANT 2. / RESPONDENT 3. ( ) / CIT(A) 4. / CIT 5. / DR 6. / GF