M/S. AQUA ENGINEERS & CONSULTANTS INDIA (P) LTD., CHENNAI V. DCIT, NCC - 8 (1), CHENNAI

ITA 2622/CHNY/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9820 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2017-2018
• Appeal Filed On: 12-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S SRIDHAR MRS R ANITA

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI , , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./ ITA NO.:2622/CHNY/2019 / ASSESSMENT YEAR: 2017-18 M/S. AQUA ENGINEERS AND CONSULTANTS INDIA (P.) LTD., NO.5, LGP COMPLEX, NEAR PORUR TOLL PLAZA, 200 FEET, CHENNAI BYE PASS ROAD, VANAGARAM, CHENNAI 600 095. PAN: AAJCA 3508M V. THE DY. COMMISSIONER OF INCOME TAX, NON-CORPORATE CIRCLE -8(1), CHENNAI. ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI S. SRIDHAR, ADVOCATE /RESPONDENT BY : MRS. R. ANITA, JCIT /DATE OF HEARING : 19.07.2021 /DATE OF PRONOUNCEMENT : 19.07.2021 / O R D E R PER G MANJUNATHA, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-9, CHENNAI DAT ED 18.07.2019 FOR ASSESSMENT YEAR 2017-18. 2. WE HAVE HEARD THE COUNSEL FOR THE ASSESSEE AND T HE LD. DR AND ALSO PERUSED THE MATERIALS AVAILABLE ON RECORD. AT THE T IME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE HAS FILED A LETTER ALONG W ITH FORM NO.3 ISSUED BY THE DEPARTMENT UNDER VIVAD SE VISHWAS SCHEME, 2020 AND SUBMITTED 2 I.T. A. NO.2622/CHNY/2019 (VSVS) THAT THE ASSESSEE HAS AVAILED THE VSVS SCHEME TO SE TTLE ITS PENDING DISPUTES. THE LD.COUNSEL FOR THE ASSESSEE FURTHER SUBMITTED THAT THE DEPARTMENT HAS ACCEPTED APPLICATION FILED BY THE AS SESSEE AND ISSUED FORM 3 QUANTIFYING AMOUNT OF TAXES PAYABLE UNDER VS VS SCHEME. THEREFORE, THE LD.COUNSEL FOR THE ASSESSEE SUBMITTE D THAT THE ASSESSEE MAY BE PERMITTED TO WITHDRAW THE APPEAL. THE LD.DR ON THE OTHER HAND HAS NO OBJECTION FOR WITHDRAWING APPEAL FILED BY TH E ASSESSEE. THEREFORE, CONSIDERING THE FACT THAT THE ASSESSEE HAS FILED AP PLICATION FOR WITHDRAWAL OF APPEAL AND HAS ALSO FILED FORM 3 ISSUED BY THE D EPARTMENT, WE DISMISS THE APPEAL FILED BY THE ASSESSEE AS WITHDRAWN. HOW EVER, A LIBERTY IS GIVEN TO THE ASSESSEE TO RESTORE THE APPEAL, IN CAS E THE APPLICATION FILED BY THE ASSESSEE BEFORE THE DESIGNATED AUTHORITY, IS REJECTED FOR ANY REASON. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH JULY, 2021 AT CHENNAI. SD/- SD/- ( ) ( V. DURGA RAO ) / JUDICIAL MEMBER ( . ) (G. MANJUNATHA) / ACCOUNTANT MEMBER /CHENNAI, /DATED, THE 19 TH JULY, 2021 EDN 1. /APPELLANT 2. /RESPONDENT 3. ( ) /CIT(A) 4. /CIT 5. /DR 6. /GF.