K.M.Praven, CHENNAI V. ITO Non Corporate Circle 5(4), CHENNAI

ITA 2594/CHNY/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 4935 (ITAT-CHENNAI)
• Duration Of Justice: 4 year(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-09-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Appeal Filed On: 06-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

आयकर अपीलीय अिधकरण, ‘ए’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI ŵी वी. दुगाŊ राव, Ɋाियक सद˟ एवं ŵी मनोज कु मार अŤवाल, लेखा सद˟ के समƗ । Before Shri V. Durga Rao, Judicial Member & Shri Manoj Kumar Aggarwal, Accountant Member आयकर अपील सं./I.T.A. No.2594/Chny/2018 िनधाŊरण वषŊ/Assessment Year: 2015-16 Shri K.M. Praven, No. 48A, Ramanuja Iyer Street, Old Washermenpet, Chennai 600 021. [PAN:CMHPP7172D] Vs. The Income Tax Officer, Corporate Circle 5(4), Chennai 600 006. (अपीलाथŎ/Appellant) (ŮȑथŎ/Respondent) अपीलाथŎ की ओर से / Appellant by : Shri K.R. Ganesh, CA ŮȑथŎ की ओर से/Respondent by : Shri S. Chandrasekaran, JCIT सुनवाई की तारीख/ Date of hearing : 21.09.2022 घोषणा की तारीख /Date of Pronouncement : 21.09.2022 आदेश /O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals)-5, Chennai dated 21.06.2018 relevant to the assessment year 2015-16. 2. When the appeal was taken up for hearing, by filing Form No. 1 to Form No. 4 towards opting to avail the Vivad-se-Vishwas Scheme 2020 for settlement of disputed tax, the ld. Counsel for the assessee has submitted that all taxes due are paid and Form No. 5 is yet to be issued by the Designated Authority and prayed that the appeal filed by the I.T.A. No.2594/Chny/18 2 assessee may be deemed to be withdrawn against which the ld. DR has not opposed to the submissions of the learned Counsel. 3. We have heard both the sides, and perused the materials available on record. In this case, the assessee has opted for the Vivad-se-Vishwas Scheme 2020 and filed Form No. 1 to Form No. 4. It was the submissions of the ld. Counsel that all taxes due are paid and Form No. 5 is yet to be issued by the Designated Authority. The ld. DR has also fairly conceded the above submissions of the ld. Counsel. In view of the above facts and circumstances of the case, the appeal filed by the assessee is liable to be dismissed as withdrawn. However, it is open to the assessee to approach the Tribunal by filing an appropriate application in the event of any prejudice caused in respect of the settlement of tax dispute under the Vivad-se-Vishwas Scheme 2020. 4. In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court on 21 st September, 2022 at Chennai. Sd/- Sd/- (MANOJ KUMAR AGGARWAL) ACCOUNTANT MEMBER (V. DURGA RAO) JUDICIAL MEMBER Chennai, Dated, 21.09.2022 I.T.A. No.2594/Chny/18 3 Vm/- आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant, 2.ŮȑथŎ/ Respondent, 3. आयकर आयुƅ (अपील)/CIT(A), 4. आयकर आयुƅ/CIT, 5. िवभागीय Ůितिनिध/DR & 6. गाडŊ फाईल/GF.