Kamlesh Shantilal Jain, CHENNAI V. ACIT, CHENNAI

ITA 146/CHNY/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1167 (ITAT-CHENNAI)
• Duration Of Justice: 4 year(s) 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 19-07-2021
• Assessment Year: 2007-2008
• Appeal Filed On: 18-01-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: N ARJUN RAJ CA MR S SRIDHAR
• Section: 250

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI , , , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBE R ./ ITA NOS.145 & 146/CHNY/2017 /ASSESSMENT YEARS: 2011-12 & 2007-08 SHRI KAMLESH SHANTILAL JAIN, NO.7A, PRINCE APARTMENTS, NO.59, ORMES ROAD, CHENNAI 600 010. VS. THE ASST. COMMISSIONER OF INCOME TAX, NON CORPORATE CIRCLE-5(1), CHENNAI. [PAN: AAFPJ 2745J] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. N. ARJUNRAJ, C.A FOR MR. S.SRIDHAR, ADVOCATE /RESPONDENT BY : MR. SURESH PERIASAMY, JCIT /DATE OF HEARING : 06.07.2021 / DATE OF PRONOUNCEMENT : 06.07.2021 / O R D E R PER BENCH: THESE TWO APPEALS FILED BY THE ASSESSEE ARE DIRECTE D AGAINST THE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS)- 5, CHENNAI DATED 17.10.2016 & 14.03.2016 FOR ASSESMENT YEARS 2011-12 & 2007-08 RESPECTIVELY. ITA NOS.145 & 146/CHNY/2017 2 2. THE APPEALS FILED BY THE ASSESSEE IN ITA NO.145 & 146/CHNY/2017 ARE DELAYED BY 29 DAYS AND 250 DAYS R ESPECTIVELY, FOR WHICH, THE ASSESSEE HAS FILED AFFIDAVITS FOR CONDON ATION OF THE DELAY, TO WHICH, THE LD. DR HAS NOT RAISED ANY SERIOUS OBJECT ION. CONSEQUENTLY, SINCE THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUS E, THE DELAY IN FILING OF THE APPEALS STAND CONDONED AND THE APPEAL S ARE ADMITTED FOR ADJUDICATION. 3. WHEN THESE TWO APPEALS WERE TAKEN UP FOR HEARING , THE LEARNED COUNSEL FOR THE ASSESSEE VIDE LETTERS DATED 28.06.2 021 HAS SUBMITTED THAT THE ASSESSEE HAS OPTED TO AVAIL THE VIVAD-SE-V ISHWAS SCHEME 2020 AND FORM NO.3 WAS ALSO ISSUED IN BOTH THE APPE ALS. HE HAS ALSO SUBMITTED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEALS. 4. ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPRE SENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE. 5. WE HAVE HEARD BOTH THE SIDES THROUGH VIDEO CONFE RENCING, PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. ITA NOS.145 & 146/CHNY/2017 3 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 IN BOTH THE APPEALS FOR THE SETTLEMENT OF PENDING TAX DISPUTE. ACCORDINGLY, HE PRAYED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEALS. 7. IN VIEW OF THE SUBMISSIONS OF THE ASSESSEE, THE APPEALS FILED BY THE ASSESSEE ARE PERMITTED TO BE WITHDRAWN. HOWEVE R, 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. 8. IN THE RESULT, BOTH THE APPEALS FILED BY THE ASS ESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 06 TH JULY, 2021 AT CHENNAI. SD/ - SD/ - ( . ) (S. JAYARAMAN ) /ACCOUNTANT MEMBER ( ) (V. DURGA RAO) /JUDICIAL MEMBER /CHENNAI, /DATED: 06 TH JULY, 2021 . EDN, SR. P.S /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. /GF