M/S. RUNGTA AND SONS (HUF), CHENNAI V. ITO, NCW - 8 (3), CHENNAI

ITA 1776/CHNY/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5553 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 7 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 07-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R ANITA
• Section: 201

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI , . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ I . T .A NO. 1776 /CHNY/2019 ASSESSMENT YEAR: 201 1 - 20 1 2 M/S. RUNGTA AND SONS [HUF], MR. DEEPAK KUMAR RUNGTA, NO.41, DONE ELEVATOR ROAD, KEIL AYNAMBAKKAM, CHENNAI 600 0 95 . [PAN: A AM HR 4571B ] VS. THE INCOME TAX OFFICER, NON - CORPORA TE WARD 8 ( 3 ), CHENNAI 600 0 06 . ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : NONE /RESPONDENT BY : M S . R. ANITA , JCIT / DATE OF HEARING : 27 .01.2021 / DA TE OF PRONOUNCEMENT : 01. 02. 2021 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER : THIS APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 9, CHENNAI IN I.T.A. NO.15/CIT(A) - 9/2018 - 19 DATED 21.05 .2019 RELE VANT TO THE ASSESSMENT YEAR 201 1 - 201 2 . I . T . A NO . 1776 /CHNY/2 01 9 : - 2 - : 2. WHEN THIS APPEAL WAS TAKEN UP FOR HEARING, THE ASSESSEE HAS SUBMITTED THAT HE HAS OPTED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME 2020 AND FORM NO.3 WAS ALSO ISSUED. HE HAS SUBMITTED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 3. ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE ASS ESSEE. 4. WE HAVE PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 5. IN THIS CASE, THE ASSESSEE HAS 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, HE PRAYED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 6. IN VIEW OF THE SUBMISSIONS OF THE ASS ESSEE, THE APPEAL FILED BY THE ASSESSEE IS PERMITTED TO BE WITHDRAWN. HOWEVER, IT IS OPEN TO THE ASSESSEE TO APPROACH THE TRIBUNAL BY FILING AN APPROPRIATE APPLICATION IN THE EVENT OF ANY INJUSTICE CAUSED TO THE ASSESSEE IN RESPECT OF THE SETTLEMENT OF DI SPUTE RELATING TO THE VIVAD - SE - VISHWAS SCHEME 2020. I . T . A NO . 1776 /CHNY/2 01 9 : - 3 - : 6 . IN THE RESULT, THE APPEA L OF THE ASSESSEE IN I.T. A. NO. 1776 /CHNY/201 9 IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 1 ST FEBR UARY, 2021 IN CHENNAI. SD/ - ( . ) ( S. JAYARAMAN ) /ACCOUNTANT MEMBER SD/ - ( ) ( V. DURGA RAO ) /JUDICIAL MEMBER / CHENNAI, / DATED: 1 ST FE BR UARY, 2021 IA , SR. PS / COPY TO: 1. / APPELLANT 2. / RESPONDENT 3. ( ) / CIT(A) 4. / CIT 5. / DR 6. / GF