ACIT, CIRCLE-1, VELLORE V. SHRI MANAKRAJ VASANTRAJ, TIRUVANNAMALAI

ITA 2603/CHNY/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0498 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 10 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-07-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 15-07-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 09-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R ANITA
• Assessee Lawyers: M KARUNAKARAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . , , BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER /. I.T.A. NO. 2603/CHNY/2019 [ [ / ASSESSMENT YEAR : 2012-13 ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE I, VELLORE. VS. SHRI. MANAKRAJ VASANTHRAJ, NO. 7, SANNADHI STREET, VANDAVASI, THIRUVANNAMALAI, 604 408. [PAN: AABPV 4934B] ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : MS. R. ANITA, JCIT / RESPONDENT BY : SHRI. M. KARUNAKARAN, ADVOCATE /DATE OF HEARING : 15.07.2021 /DATE OF PRONOUNCEMENT : 15.07.2021 / O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER: THE REVENUE FILED THIS APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)- 13, CHENNAI IN ITA NO. 62/2018-19/AY 2012- 13/CIT(A)-13 DATED 26.06.2019 FOR THE ASSESSMENT YEAR 2012-13. :-2-: ITA NO.2603/CHNY/2019 2. AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED A LETTER DATED 08.07.2021 STATING, INTER ALIA, THAT THE ASSESSEE WANTED TO UTILIZE THE DIRECT TAXES VIVAD SE VISHWAS SCHEME, 2020 TO SETTLE PENDING DISPUTE RELATING TO DIRECT TAXES AND IN THIS REGARD THE ASSESSEE HAS FILED FORM NO. 1 AND FORM 2 AND OBTAINED FORM NO. 3 FROM THE DESIGNATED AUTHORITY. WE HEARD THE LD. DR ALSO 3. THE BENCH HAS CONSIDERED THE MATERIAL. SINCE THE ASSESSEE SUBMITS THAT HE HAS FILED DECLARATION IN FORM NO.1 ALONG WITH UNDERTAKING WAIVING RIGHTS FOR ANY REMEDY IN FORM NO. 2 TO THE DESIGNATED AUTHORITY, OBTAINED FORM NO.3 AND SEEKS WITHDRAWAL OF APPEAL, WE DISMISS THE APPEAL FILED BY THE REVENUE, SUPRA, AS WITHDRAWN. HOWEVER, LIBERTY IS GIVEN TO THE REVENUE TO APPROACH THE TRIBUNAL BY FILING AN APPROPRIATE APPLICATION, IN THE EVENT OF ANY INJUSTICE CAUSED TO IT IN RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO THE VIVAD SE VISHWAS SCHEME, 2020. WE, FURTHER MAKE IT CLEAR THAT THE ASSESSEE SHOULD PROMPTLY INFORM THE ASSESSING OFFICER ABOUT THEIR DECISION TO OPT OUT OF THE SCHEME OR REJECTION OF APPLICATION BY THE DESIGNATED AUTHORITY TO THE ASSESSING OFFICER, SO AS TO ENABLE THE REVENUE TO FILE APPROPRIATE APPLICATION TO RESTORE THE APPEAL. :-3-: ITA NO.2603/CHNY/2019 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH JULY, 2021 AT CHENNAI. SD/- ( . ) (DUVVURU RL REDDY) /JUDICIAL MEMBER SD/- ( ) (S. JAYARAMAN) /ACCOUNTANT MEMBER /CHENNAI, /DATED: 15 TH JULY, 2021 JPV /COPY TO: 1. / APPELLANT 2. /RESPONDENT 3. ) ( /CIT(A) 4. /CIT 5. /DR 6. [ /GF