NARENDRA SAKARIA, CHENNAI V. DCIT NON CORPORATE CIRCLE 5, CHENNAI

ITA 1521/CHNY/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1963 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 11 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 04-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: D ANAND

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: CHENNAI , , ( BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER SL. NO. ./ ITA NUMBER / ASSESSMENT YEAR / APPELLANT )*+ / RESPONDENT 1. 2. 1049/CHNY/2018 1050/CHNY/2018 2013-14 2014-15 M/S. DAEMON SOFTWARE AND SERVICES PVT. LTD., G-1, SPAN VENTURE SEZ, POLLACHI MAIN ROAD, EACHANARI, COIMBATORE-641 021. [PAN: AAECD 1388H] THE INCOME TAX OFFICER, CORPORATE WARD-1, COIMBATORE. / APPELLANT BY : MR. D. ANAND, ADVOCATE /RESPONDENT BY : MR. S. BHARATH, CIT 3. 1521/CHNY/2018 2014-15 SHRI NARENDRA SAKARIA, NO.45, MEGH SYNERGY, HALLS ROAD, KILPAUK, CHENNAI-600 010. [PAN: AASPS 7064C] THE DY. COMMISSIONER INCOME TAX OFFICER, NON-CORPORATE CIRCLE- 5, CHENNAI. / APPELLANT BY : MR. ARJUN K.K & T. PRAMODKUMAR CHO PDA, C.AS /RESPONDENT BY : MR. G. CHANDRABABU, ADDL. CIT 4. 974/CHNY/2019 2015-16 M/S. QUESTNET ENTERPRISE INDIA PVT. LTD., NO.7, RAIN TREE PLACE, MCNICHOLS ROAD, CHETPET CHENNAI-600 031. [PAN: AAACQ 1177H] THE ASST . COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-5(2), CHENNAI. / APPELLANT BY : MR. S. VENKATRAM & CO. LLP, C.A /RESPONDENT BY : SHRI SURESH PERIASAMY, ADDL. CIT /DATE OF HEARING : 19.04.2021 /DATE OF PRONOUNCEMENT : 19.04.2021 / O R D E R ITA NOS.1049, 1050 & 1521/CHNY/2018 ITA NO.974/CHNY/2019 2 PER BENCH : THIS BUNCH OF FOUR APPEALS FILED BY DIFFERENT ASSES SEES ARE DIRECTED AGAINST THE ORDERS OF LEARNED COMMISSIONER OF INCOM E TAX (APPEALS), CHENNAI EVEN DATED 16.01.2018 / 01.03.2018 / 25.02 .2019 FOR RESPECTIVE ASSESSMENT YEARS. 2. WHEN THESE APPEALS WERE TAKEN UP FOR HEARING, VI DE LETTERS DATED 19.04.2021, THE LEARNED COUNSELS FOR THE ASSESSEES HAVE SUBMITTED THAT THE ASSESSEES HAVE OPTED TO AVAIL THE VIVAD-SE-VISHWAS SCHEME 2020 AND FORM NO.3 WAS ALSO ISSUED IN ALL THE APPEALS. THEY HAVE ALSO SUBMITTED THAT THEY MAY BE PERMITTED TO WITHDRAW THE APPEALS. 3. ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPRE SENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEAR NED COUNSEL FOR THE ASSESSEES. 4. WE HAVE HEARD THE COUNSELS FOR THE ASSESSEES THR OUGH VIDEO CONFERENCING, PERUSED THE MATERIALS AVAILABLE ON RE CORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 5. IN THESE CASES, THE ASSESSEES HAVE OPTED FOR THE VIVAD-SE-VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY HAS ISSUED FORM NO.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. ACCORDINGLY, THE Y PRAYED THAT THEY MAY BE PERMITTED TO WITHDRAW THE APPEALS. ITA NOS.1049, 1050 & 1521/CHNY/2018 ITA NO.974/CHNY/2019 3 6. IN VIEW OF THE SUBMISSIONS OF THE ASSESSEES, THE APPEALS FILED BY THE ASSESSEES ARE PERMITTED TO BE WITHDRAWN. HOWEVER, IT IS OPEN TO THE ASSESSEES TO APPROACH THE TRIBUNAL BY FILING AN APP ROPRIATE APPLICATION IN THE EVENT OF ANY INJUSTICE CAUSED TO THE ASSESSEES IN RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO THE VIVAD-SE-VISH WAS SCHEME 2020. 7. IN THE RESULT, ALL THE FOUR APPEALS FILED BY THE ASSESSEES ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 19 TH APRIL, 2021 AT CHENNAI. SD/ - SD/ - ( ) (G. MANJUNATHA) /ACCOUNTANT MEMBER ( ) (V. DURGA RAO) /JUDICIAL MEMBER /CHENNAI, /DATED: 19 TH APRIL, 2021 . EDN, SR. P.S /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. /GF