Bhavana Daga, CHENNAI V. ITO Non Corporate Ward 4(5), CHENNAI

ITA 2790/CHNY/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9320 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 10 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 28-07-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 27-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

, , IN THE INCOME-TAX APPELLATE TRIBUNAL D BENCH, CHENNAI . , . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./ I.T.A. NO.2790/CHNY/2018 / ASSESSMENT YEAR: 2015-16 MRS. BHAVANA DAGA, NO. 345, WALL TAX ROAD, SOWCARPET, CHENNAI 600 079. [ PAN: ACMPS0997C] VS. THE INCOME TAX OFFICER, NON CORPORATE WARD 4(5), CHENNAI 600 034. ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : NONE /RESPONDENT BY : MS. R. ANITA, JCIT / DATE OF HEARING : 28.07.2021 /DATE OF PRONOUNCEMENT : 28.07.2021 / 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 10.07.2018 RELEVANT TO THE ASSESSMENT YEAR 2015-16. 2. WHEN THE APPEAL WAS TAKEN UP FOR HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE. HOWEVER, THE ASSESSEE HAS FILED A PETITION DATED 01.03.2021 AND SUBMITTED THAT THE ASSESSEE HAS OPTED TO AVAIL THE VIVAD-SE- VISHWAS SCHEME 2020 AND FILED FORM NO.3 AND FORM NO. 4. THE ASSESSEE HAS SOUGHT FOR PERMISSION TO WITHDRAW THE APPEAL. I.T.A. NO. 2790/CHNY/2018 2 3. ON THE OTHER HAND THE LD. DR HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE ASSESSEE. 4. WE HAVE HEARD THE LD. DR, PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. IN THIS CASE, THE ASSESSEE HAS OPTED FOR THE VIVAD-SE-VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY HAS ISSUED FORM NO.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. THEREFORE, THROUGH A LETTER DATED 01.03.2021, THE ASSESSEE HAS PRAYED FOR PERMISSION TO WITHDRAW THE APPEAL. IN VIEW OF THE ABOVE, THE APPEAL FILED BY THE ASSESSEE IS PERMITTED TO BE WITHDRAWN.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. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 28 TH JULY, 2021 AT CHENNAI. SD/ - SD/ - (G. MANJUNATHA) ACCOUNTANT MEMBER (V. DURGA RAO) JUDICIAL MEMBER CHENNAI, DATED, THE 28.07.2021 VM/- /COPY TO: 1. / APPELLANT, 2. / RESPONDENT, 3. ( ) /CIT(A), 4. /CIT, 5. /DR & 6. /GF.