SPR BUILDERS, CHENNAI V. ITO, NCW - 6 (3), CHENNAI

ITA 265/CHNY/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2307 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 4 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2016-2017
• Appeal Filed On: 31-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 264

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI . , . , BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER SL. NO. APPEAL NO. ASST YEAR APPELLANT RESPONDENT 1 ITA NO. 1123/CHNY/2019 2015-16 M/S. NOBLE CONSOLIDATED GLAZINGS LTD., NO.5, 2 ND LINK STREET, CIT COLONY, MYLAPORE, CHENNAI 600 004. PAN: AACCN 5454A AR: SHRI S. SRIDHAR, ADVOCATE THE INCOME TAX OFFICER, CORPORATE WARD 4(4) CHENNAI. DR: SHRI G. JOHNSON, ADDL.CIT 2 ITA NO. 1204/CHNY/2019 2014-15 SHRI S. DHULKARNAI, 5-9, VALINOKKAM, KADALADI TALUK, RAMNAD DISTRICT 623 528. PAN: BCBPD 2265A AR: SHRI S DHULKARNAI, ASSESSEE THE INCOME TAX OFFICER, WARD 1, CENTRAL REVENUE BUILDING, BIBIKULAM, MADURAI 625 002 DR: SHRI G. JOHNSON, ADDL.CIT 3 ITA NO. 264/CHNY/2020 2013-14 SHRI ARJUN KRISHNA KONDAMANI, NO. 83, FIRST MAIN ROAD, GANDHI NAGAR, ADAYAR, CHENNAI 600 020. PAN: ANUPK 6124C AR: SHRI J. BALACHANDAR, ADVOCATE THE ACIT, NON-CORPORATE CIRCLE 15(1), CHENNAI. DR: SHRI G. JOHNSON, ADDL.CIT 4 ITA NO. 265/CHNY/2020 2016-17 M/S. SPR BUILDERS, NO.57, NARAYANA MUDALI STREET, SOWCARPET, CHENNAI 600 079. PAN: ABEFS 7408K AR: SHRI S. SRIDHAR, ADVOCATE THE INCOME TAX OFFICER, NON-CORPORATE WARD 6(3) CHENNAI. DR: SHRI G. JOHNSON, ADDL.CIT /DATE OF HEARING : 24.06.2021 /DATE OF PRONOUNCEMENT : 24.06.2021 2 I.T.A. NOS.1123 & 1204/CHNY/2019 264 & 265/CHNY/2020 (VSVS) / O R D E R PER G MANJUNATHA, AM: THIS BUNCH OF 4 APPEALS FILED BY DIFFERENT ASSESSEES ARE DIRECTED AGAINST ORDERS OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS), CHENNAI / MADURAI EVEN DATED 30.01.2019 / 20.02.2019 / 29.11.2019 / 04.12.2019 FOR RESPECTIVE ASSESSMENT YEARS. 2. WE HAVE HEARD THE COUNSELS FOR THE ASSESSEES AND THE LD. DR AND ALSO PERUSED THE MATERIALS AVAILABLE ON RECORD. AT THE TIME OF HEARING, LEARNED COUNSELS FOR THE ASSESSEES HAVE FILED A LETTER ALONG WITH FORM NO.3 ISSUED BY THE DEPARTMENT UNDER VIVAD SE VISHWAS SCHEME, 2020 AND SUBMITTED THAT THE ASSESSEES HAVE AVAILED THE VSVS SCHEME TO SETTLE THEIR PENDING DISPUTES. THE LD.COUNSELS FOR THE ASSESSEES FURTHER SUBMITTED THAT THE DEPARTMENT HAS ACCEPTED APPLICATIONS FILED BY THE ASSESSEES AND ISSUED FORM 3 QUANTIFYING AMOUNT OF TAXES PAYABLE UNDER VSVS SCHEME. THEREFORE, THE LD.COUNSELS FOR THE ASSESSEES SUBMITTED THAT THE ASSESSEES MAY BE PERMITTED TO WITHDRAW THE APPEALS. THE LD.DR ON THE OTHER HAND HAS NO OBJECTION FOR WITHDRAWING APPEALS FILED BY THE ASSESSEES. THEREFORE, CONSIDERING THE FACT THAT THE ASSESSEES HAVE FILED APPLICATION FOR WITHDRAWAL OF APPEALS AND HAVE ALSO FILED FORM 3 ISSUED BY THE DEPARTMENT, WE DISMISS THE APPEALS FILED BY THE 3 I.T.A. NOS.1123 & 1204/CHNY/2019 264 & 265/CHNY/2020 (VSVS) ASSESSEES AS WITHDRAWN. HOWEVER, A LIBERTY IS GIVEN TO THE ASSESSEES TO RESTORE THE APPEALS, IN CASE THE APPLICATION FILED BY THE ASSESSEES BEFORE THE DESIGNATED AUTHORITY, IS REJECTED FOR ANY REASON. 3. IN THE RESULT, ALL THE APPEALS FILED BY THE ASSESSEES ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH JUNE, 2021 AT CHENNAI. SD/- SD/- ( . ) (DUVVURU RL REDDY) / JUDICIAL MEMBER ( . ) (G. MANJUNATHA) /ACCOUNTANT MEMBER /CHENNAI, /DATED, THE 24 TH JUNE, 2021 RSR 1. /APPELLANT 2. /RESPONDENT 3. ( ) /CIT(A) 4. /CIT 5. /DR 6. /GF.