DCIT Corporate Circle 3(2), CHENNAI V. Virgo Properties Pvt. Ltd., CHENNAI

ITA 1385/CHNY/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0132 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 2 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-07-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 25-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: N ARJUN RAJ CA MR S SRIDHAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI . . , . , BEFORE SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ ITA NO.1385/CHNY/2018 /ASSESSMENT YEAR: 2013-14 THE DY. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-3(2), CHENNAI. V. M/S.VIRGO PROPERTIES PVT. LTD., NO.5, THIRUMURTHY ROAD, T.NAGAR, CHENNAI-600 017. [PAN: AABCV 9182 A] ( ' /APPELLANT) ( #$' /RESPONDENT) DEPARTMENT BY : MR.SURESH PERIASAMY, JCIT ASSESSEE BY : MR.N.ARJUNRAJ, CA FOR MR.S.SRIDHAR, ADV. /DATE OF HEARING : 07.07.2021 /DT. OF PRONOUNCEMENT : 07.07.2021 / O R D E R PER DUVVURU R.L. REDDY, JUDICIAL MEMBER: THE REVENUE FILED THIS APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-11, CHENNAI, I N ITA NOS.11 & 257/CIT(A)-11/2016-17 DATED 04.01.2018 FOR THE AY 2013-14. 2. THIS APPEAL FILED BY THE REVENUE IS DELAYED BY 08 DAYS, FOR WHICH, THE AO HAS FILED THE AFFIDAVIT FOR 09 DAYS REQUESTING FOR CONDONATION OF DELAY, TO WHICH, THE LD.COUNSEL OF T HE ASSESSEE HAS ITA NO.1385/CHNY/2018 :- 2 -: NOT RAISED ANY SERIOUS OBJECTION. CONSEQUENTLY, THE DELAY OF 08 DAYS IN FILING OF THE APPEAL STANDS CONDONED AND AC CORDINGLY, THE REVENUES APPEAL IS DISPOSED OFF. 3. 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. IT HAS SUBMITTED THAT IT 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 AUTHOR ITIES 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. ACCORDI NGLY, IT WAS PRAYED THAT THE APPEAL FILED BY THE REVENUE MAY BE PERMITTED TO BE WITHDRAWN. ITA NO.1385/CHNY/2018 :- 3 -: 7. IN VIEW OF THE SUBMISSIONS OF THE LD.COUNSEL FOR ASSESSEE, THE APPEAL FILED BY THE REVENUE IS PERMITTED TO BE WITH DRAWN. HOWEVER, IT IS OPEN TO THE ASSESSEE/REVENUE TO APPROACH THE TRIBUNAL BY FILING AN APPROPRIATE APPLICATION IN THE EVENT OF ANY INJU STICE CAUSED TO THE ASSESSEE/REVENUE IN RESPECT OF THE SETTLEMENT OF DI SPUTE RELATING TO THE VIVAD-SE-VISHWAS SCHEME 2020. 8. IN THE RESULT, THE APPEAL OF THE REVENUE IN ITA NO.1385/CHNY/2018 IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 07 TH DAY OF JULY, 2021, IN CHENNAI. SD/- SD/- ( . ) (S. JAYARAMAN) / ACCOUNTANT MEMBER ( *+ . . , ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER /CHENNAI, /DATED: 07 TH JULY, 2021. TLN # - /COPY TO: 1. ' /APPELLANT 4. . /CIT 2. #$' /RESPONDENT 5. # /DR 3. . ( ) /CIT(A) 6. /GF