SHRI PRASHANTH NAGARAJAN, CHENNAI V. ITO, NCW-17(3), CHENNAI

ITA 2796/CHNY/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7425 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 4 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2014-2015
• Appeal Filed On: 30-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R ANITHA JCIT

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI . , !' # $% , & !' %' BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBE R # ./ ITA NO.2796/CHNY/2019 ( )( /ASSESSMENT YEAR: 2014-15 SHRI PRASHANTH NAGARAJAN, NO.26, NITHYA, DR. RADHAKRISHNAN NAGAR MAIN ROAD, THIRUVANMIYUR, CHENNAI 600 040. VS. THE INCOME TAX OFFICER, NON CORPORATE WARD-17(3) CHENNAI. [PAN: ALMPP 9816A] ( *+ /APPELLANT) ( ,-*+ /RESPONDENT) *+ . / / APPELLANT BY : SHRI SAROJ KUMAR PARIDA, ADVOCATE ,-*+ . / /RESPONDENT BY : MS. R. ANITHA, JCIT . 0& /DATE OF HEARING : 09.02.2021 12) . 0& / DATE OF PRONOUNCEMENT : 11.02.2021 !3 / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-5, CHENNAI DAT ED 19.07.2019 RELEVANT TO THE ASSESSMENT YEAR 2014-15. I.T.A. NO. I.T.A. NO. I.T.A. NO. I.T.A. NO.2796 2796 2796 2796 / // /CHNY CHNY CHNY CHNY/ // /201 201201 2019 99 9 2 2. WHEN THIS APPEAL WAS TAKEN UP FOR HEARING, VIDE LETTER DATED 09.02.2021, THE ASSESSEE HAS SUBMITTED THAT HE HAS OPTED TO AVAIL THE VIVAD-SE-VISHWAS SCHEME 2020. IT WAS FURTHER A SUBM ISSION THAT FORM NO.3 FROM THE DESIGNATED AUTHORITY IS YET TO BE ISS UED AND WOULD BE SUBMITTED IN DUE COURSE AND THE SAME SHALL BE FURNI SHED AFTER ISSUANCE OF FORM NO.3. HE HAS FURTHER SUBMITTED THA T HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 3. ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPRE SENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE ASSESSEE. 4. WE HAVE PERUSED THE MATERIALS AVAILABLE ON RECOR D AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 5. IN THIS CASE, THE ASSESSEE HAS OPTED FOR THE VIV AD-SE-VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY IS YET TO ISSUE FORM NO.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. SINCE TH E ASSESSEE HAS SUBMITTED THAT FORM NO.3 WOULD BE SUBMITTED AS AND WHEN IT IS ISSUED AND PRAYED FOR PERMITTING THE ASSESSEE TO WITHDRAW THE APPEAL, THE APPEAL FILED BY THE ASSESSEE IS PERMITTED TO BE WIT HDRAWN. HOWEVER, IT IS OPEN TO THE ASSESSEE TO APPROACH THE TRIBUNAL BY FILING AN APPROPRIATE APPLICATION IN THE EVENT OF ANY INJUSTI CE CAUSED TO THE I.T.A. NO. I.T.A. NO. I.T.A. NO. I.T.A. NO.2796 2796 2796 2796 / // /CHNY CHNY CHNY CHNY/ // /201 201201 2019 99 9 3 ASSESSEE IN RESPECT OF THE SETTLEMENT OF DISPUTE RE LATING TO THE VIVAD- SE-VISHWAS SCHEME 2020. 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 11 TH FEBRUARY, 2021 AT CHENNAI. SD/ - SD/ - ( . ) (S. JAYARAMAN) /ACCOUNTANT MEMBER ( . ) (DUVVURU RL REDDY) /JUDICIAL MEMBER /CHENNAI, 4!# /DATED: 11 TH FEBRUARY, 2021 . EDN, SR. P.S !3 . ,056 76)0 /COPY TO: 1. *+ /APPELLANT 2. ,-*+ /RESPONDENT 3. 80 ( )/CIT(A) 4. 80 /CIT 5. 69: ,0 /DR 6. : ( ; /GF