DCIT, Corporate Cir -3(2), CHENNAI V. United Capital Partners (India) P Ltd., CHENNAI

ITA 161/CHNY/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7020 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 7 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-08-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 31-08-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 21-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G JOHNSON
• Assessee Lawyers: ARJUNRAJ CA S SRIDHAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B B ENCH, CHENNAI . , ! . , ! ' BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./ I.T.A.NO.161/CHNY/2019 ( / ASSESSMENT YEAR: 2009-10) THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-3(2) CHENNAI-34. VS M/S. UNITED CAPITAL PARTNERS PVT.LTD. K-27, FLAT NO.6 GOLDEN WINDSOR, 1 ST AVENUE, ANNA NAGAR EAST CHENNAI - 600 102. PAN: AAACU 9457G ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. G.JOHNSON, ADDL.CIT /RESPONDENT BY : MR.ARJUNRAJ, C.A FOR S.SRIDHAR, ADVOCATE /DATE OF HEARING : 31.08.2021 /DATE OF PRONOUNCEMENT : 31.08.2021 / O R D E R PER G.MANJUNATHA, AM: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER PASSED BY THE LEARNED CIT(A)-11, CHENNAI DATE D 15.11.2018 AND PERTAINS TO ASSESSMENT YEAR 2009-10. 2. WE HAVE HEARD THE LEARNED DR AND LEARNED COUNSEL FOR THE ASSESSEE AND ALSO PERUSED THE MATERIALS AVAILA BLE ON RECORD. AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE HAS FILED A LETTER ALONG WITH FORM NO.3 ISSUED BY T HE DEPARTMENT UNDER VIVAD SE VISHWAS SCHEME, 2020 AN D SUBMITTED THAT THE ASSESSEE HAS AVAILED THE VSVS SC HEME TO SETTLE ITS PENDING DISPUTES. THE LD.COUNSEL FOR TH E ASSESSEE 2 ITA NO. 161/CHNY/2019 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 COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE APPEAL FILED BY THE REVENUE MAY BE DISMISSED AS WITHDRAWN.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 AP PLICATION FOR WITHDRAWAL OF APPEAL AND HAS ALSO FILED FORM 3 ISSU ED BY THE DEPARTMENT, WE DISMISS THE APPEAL FILED BY THE REVE NUE AS WITHDRAWN. HOWEVER, A LIBERTY IS GIVEN TO THE ASSE SSEE TO RESTORE THE APPEAL, IN CASE THE APPLICATION FILED B Y THE ASSESSEE BEFORE THE DESIGNATED AUTHORITY, IS REJECTED FOR AN Y REASON. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST AUGUST, 2021 SD/- SD/- ( . ) ( . ) (DUVVURU RL REDDY) (G.MANJUNATHA) $ & / JUDICIAL MEMBER & / ACCOUNTANT MEMBER $ /CHENNAI, ) /DATED 31 ST AUGUST, 2021 DS +, -, /COPY TO: 1. APPELLANT 2. RESPONDENT 3. . () /CIT(A) 4. . /CIT 5. , 2 /DR 6. /GF .