WILLIAM REX BABU, THIRUVALLUR V. DCIT NON CORPORATE CIRCLE 14, CHENNAI

ITA 1637/CHNY/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7483 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 3 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 15-09-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 24-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R ANITA
• Assessee Lawyers: D ANAND

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , A B ENCH, CHENNAI . , . , % BEFORE SHRI V.DURGA RAO , JUDICIAL MEMBER AND SHRI G.MANJUNATHA, ACCOUNTANT MEMBER ./ I.T.A.NO.1637/CHNY/2019 ( / ASSESSMENT YEAR: 2013-14) MR. WILLIAM REX BABU, 4/699, JOHN BOSCO XAVIER STREET THIRUPANDIYUR, PANNUR. THIRUVALLUR-602 108. VS THE DEPUTY COMMISSIONER OF INCOME TAX, NON-CORPORATE CIRCLE-14 CHENNAI-34. PAN: AAMPW 8535G ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. D.ANAND, ADVOCATE /RESPONDENT BY : MS. R.ANITA, ADDL.CIT /DATE OF HEARING : 30.08.2021 /DATE OF PRONOUNCEMENT : 30.08.2021 / O R D E R PER G.MANJUNATHA, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGA INST THE ORDER PASSED BY THE LEARNED CIT(A)-7, CHENNAI DATED 08.03.2019 AND PERTAINS TO ASSESSMENT YEAR 2013-14. 2. WE HAVE HEARD LEARNED COUNSEL FOR THE ASSESSEE A ND LEARNED DR AND ALSO PERUSED THE MATERIALS AVAILABLE ON RECORD. AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASS ESSEE HAS FILED A LETTER ALONG WITH FORM NO.3 ISSUED BY THE D EPARTMENT UNDER VIVAD SE VISHWAS SCHEME, 2020 AND 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 2 ITA NO. 1637/CHNY/2019 ASSESSEE AND ISSUED FORM 3 QUANTIFYING AMOUNT OF TA XES PAYABLE UNDER VSVS SCHEME. THEREFORE, THE LD. COUN SEL FOR THE ASSESSEE SUBMITTED THAT THE APPEAL FILED BY THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN.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 AP PLICATION FOR WITHDRAWAL OF APPEAL AND HAS ALSO FILED FORM 3 ISS UED BY THE DEPARTMENT, WE DISMISS THE APPEAL FILED BY THE ASSE SSEE AS WITHDRAWN.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 ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH AUGUST, 2021 SD/- SD/- ( . ) ( . ) (V.DURGA RAO) ( G.MANJUNATHA ) $ & / JUDICIAL MEMBER & / ACCOUNTANT MEMBER $ /CHENNAI, ) /DATED 30 TH AUGUST, 2021 DS +, -, /COPY TO: 1. APPELLANT 2. RESPONDENT 3. . () /CIT(A) 4. . /CIT 5. , 2 /DR 6. /GF .