MR. R PALANI, CHENNAI V. DCIT CIRCLE 3 (1), TRICHY

ITA 1603/CHNY/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3653 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 4 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 05-10-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 11-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R ANITA
• Assessee Lawyers: JHARNA B HARILAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI [ , . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./ ITA NO.: 1603/CHNY/2018 / ASSESSMENT YEAR: 2011-12 MR. R. PALANI, IB, TAXILA APARTMENTS, NO.3, 5 TH STREET, DR. RADHAKRISHNAN SALAI, MYLAPORE, CHENNAI 600 004, TAMIL NADU. [PAN: AHIPP 3281F] V. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 3(1), TRICHY. ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI. JHARNA B. HARILAL, CA /RESPONDENT BY : MS. R. ANITA, ADDL. CIT /DATE OF HEARING : 05.10.2021 /DATE OF PRONOUNCEMENT : 05.10.2021 / O R D E R PER G. MANJUNATHA, ACCOUNTANT MEMBER: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE LEARNED CIT(A), TIRUCHIRAPPALLI, DATED 14.02.2018 AND PERTAINS TO ASSESSMENT YEAR 2011-12. 2. WE HAVE HEARD LEARNED COUNSEL FOR THE ASSESSEE AND LEARNED DR AND ALSO PERUSED THE MATERIALS AVAILABLE ON RECORD. AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE HAS FILED A LETTER ALONG WITH FORM NO.3 ISSUED BY THE DEPARTMENT UNDER VIVAD SE VISHWAS SCHEME, 2020 AND :-2-: ITA. NO: 1603/CHNY/2018 SUBMITTED THAT THE ASSESSEE HAS AVAILED THE VSVS SCHEME TO SETTLE ITS PENDING DISPUTES. THE LD. COUNSEL FOR THE ASSESSEE FURTHER SUBMITTED THAT THE DEPARTMENT HAS ACCEPTED APPLICATION FILED BY THE ASSESSEE AND ISSUED FORM 3 QUANTIFYING AMOUNT OF TAXES PAYABLE UNDER VSVS SCHEME. THEREFORE, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE APPEAL FILED BY THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN. THE LD. DR, ON THE OTHER HAND, HAS NO OBJECTION FOR DISMISSING THE APPEAL AS THE DESIGNATED AUTHORITY HAS ISSUED FORM 3. THEREFORE, CONSIDERING THE FACT THAT THE ASSESSEE HAS FILED APPLICATION FOR WITHDRAWAL OF APPEAL AND HAS ALSO FILED FORM 3 ISSUED BY THE DEPARTMENT, WE DISMISS THE APPEAL FILED BY THE ASSESSEE AS WITHDRAWN. HOWEVER, A LIBERTY IS GIVEN TO THE ASSESSEE TO RESTORE THE APPEAL, IN CASE THE APPLICATION FILED BY THE ASSESSEE BEFORE THE DESIGNATED AUTHORITY, IS REJECTED FOR ANY REASON. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE COURT ON 05 TH OCTOBER, 2021 AT CHENNAI. SD/ - ( ) (V. DURGA RAO) /JUDICIAL MEMBER SD/ - ( . ) (G. MANJUNATHA) /ACCOUNTANT MEMBER /CHENNAI, /DATED, THE 05 TH OCTOBER, 2021 JPV /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( ) /CIT(A) 4. /CIT 5. /DR 6. /GF