SHRI S. MAHESWARAN, SIVAKASI V. ACIT, CENTRAL CIRCLE - 2, MADURAI

ITA 2375/CHNY/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5210 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 5 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 22-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G JOHNSON ADD ITIONAL
• Assessee Lawyers: S SRIDHAR
• Section: 201; 15

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI , , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA , ACCOUNTAN T MEMBER ./ I . T . A NO. 2375 /CHNY/201 9 ASSESSMENT YEAR: 201 4 - 20 1 5 SHRI S. MAHESWARAN, NO.17 - A, BOOPATHY BUILDINGS, VIRUDHUNAGAR ROAD, SIVAKASI 626 123. [PAN: A DVPM 8958P ] VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2, MADURAI 625 002 ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. S. SRIDHAR , ADVOCATE /RESPONDENT BY : M R . G. JOHNSON , ADD ITIONAL CIT / DATE OF HEARING : 02.02 .2021 / DATE OF PRONOUNCEMENT : 02. 0 2 .2021 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER : THIS APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER OF THE LD . CIT(A) - 19, CHENNAI IN I.T.A. NO.99/17 - 18 DATED 28.05.2019 RELE VANT TO THE ASSESSMENT YEAR 201 4 - 201 5 . THE APPEAL FILED BY THE ASSESSEE IS DELAYED BY ONE DAY FOR WHICH CONDONATION PETITION IN THE FORM OF AFFIDAVIT HAS BEEN FILED AND PRAYED FOR CONDONING THE DELAY, TO WHICH THE LD. DR HAS NOT RAISED ANY OBJECTION. THUS, THE DELAY I S CONDO NE AND THE APPEAL ADMITTED FOR HEARING. I . T . A NO 2375 /CHNY/201 9 : - 2 - : 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HAS OPTED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME 2020 . IT WAS FURTHER A SUBMISSION THAT FORM NO.3 FROM THE DESIGNATED AUTHORITY IS YET TO BE ISSUED AND WOULD BE SUBMITTED IN DUE COURSE AND THE SAME SHALL BE FURNISHED AFTER ISSUANCE OF FORM 3 . HE HA S FURTHER SUBMITTED THAT T HE ASSESSEE 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 LEARNED COUNSEL FOR THE ASSESSEE. 4. WE HAVE HEARD BOTH THE SIDES THROUGH VIDEO - CONFERENCING, 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 IS YET TO ISSUE FORM NO.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. SINCE THE LD. COUNSEL FOR THE A SSESSEE HAS SUBMITTED THAT FORM 3 WOULD BE SUBMITTED AS AND WHEN IT I S ISSUED AND PRAYED FOR PERMITT ING THE A SSESSEE TO WITHDRAW THE APPEAL , THE APPEAL FILED BY THE ASSESSEE IS PERMITTED I . T . A NO 2375 /CHNY/201 9 : - 3 - : 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 DISPUTE RELATING TO THE VIVAD - SE - VISHWAS SCHEME 2020. 6 . IN THE RESULT, THE APPEA L OF THE ASSESSEE IN I.T.A . NO. 2375 /CHNY/201 9 IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 2 ND FEBRUARY , 2021 IN CHENNAI. SD/ - ( ) ( G. MANJUNATHA) /ACCOUNTANT MEMBER SD/ - ( ) ( V. DU RGA RAO ) /JUDICIAL MEMBER / CHENNAI, / DATED: 2 ND FEBRUARY , 2021 IA , SR. PS / COPY TO: 1. / APPELLANT 2. / RESPONDENT 3. ( ) / CIT(A) 4. / CIT 5. / DR 6. / GF