ITO, NCW - 1 (1), CHENNAI V. M/S. ALFA INVESTMENTS, CHENNAI

ITA 281/CHNY/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6086 (ITAT-CHENNAI)
• Duration Of Justice: 11 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 04-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G CHANDRABABU
• Assessee Lawyers: V PADMANABAN
• Section: 201; 10; 11

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: CHENNAI , , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA , ACCOUNTAN T MEMBER I .T.A. NO S . 280 & 281 /CHNY/20 20 ( ASSESSMENT YEAR S : 20 1 0 11 & 2011 - 12 ) INCOME TAX OFFICER, NON - CORPORATE WARD 1(1), ROOM NO.305, WANAPARTHY BLOCK, 3 RD FLOOR, 121, MAHATMA GANDHI ROAD, NUNGAMBAKKAM, CHENNAI 600 034. VS. M/S. ALFA INVESTME NTS, DOOR NO.10 & 11, 4 TH FLOOR, CHENNAI CITY CENTRE, DR. RADHAKRISHNAN SALAI, MYLAPORE, CHENNAI 600 004. PAN : AATFA 1690D ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. G. CHANDRABABU, ADDL. CIT /RESPONDENT BY : MR. V. PADMANABAN, C.A / DATE OF HEARING : 0 6 . 01 .202 1 / DATE OF PRONOUNC EMENT : 0 6 . 01 .202 1 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER : TH E SE APPEAL S FILED BY THE REVENUE ARE DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 2 , CHENNAI IN I.T.A. NO. 24 & 25 / CIT(A) - 2/2018 - 19 ; DATED 1 9. 1 1.2019 AND 26.11.2019 RESPECTIVELY PERTAIN ING TO ASSESSMENT YEAR S 201 0 1 1 AND 2011 - 12 . I . T . A NO .280 & 281 /CHNY/20 20 I .T.A. NOS.280/CHNY/2020 : 2. WHEN TH IS APPEAL WAS TAKEN UP FOR HEARING, VIDE LE T TER DATED 24.09.2020 , THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED T HAT THE ASSESSEE HAS OPTED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME 2020 AND FORM NO.3 WAS ALSO ISSUED BY THE DESIGNATED AUTHORITY . IT WAS FURTHER A S UBMISSION THAT THE ASSESSEE HAD ALREADY PAID TAXES FOR THE RELEVANT ASSESSMENT YEAR 2010 - 2011 AND RECEIVED FORM NO.3 . THEREFORE, H E HAS SUBMITTED THAT TH IS APPEAL FILED BY THE REVENUE MAY BE DISMISSED AS WITHDRAWN. 3. T HE LEARNED DEPARTMENTAL REPRESENTAT IVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE. 4. WE HAVE HEARD BOTH THE SIDES, PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 5. IN THIS CASE, THE ASSESSEE HAS OPTED FOR THE VIVAD - SE - VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY HA S ISSUE D FORM NO.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. T HE LE ARNED COUNSEL FOR I . T . A NO .280 & 281 /CHNY/20 20 THE ASSESSEE AS WELL AS THE DEPARTMENTAL REPRESENTATIVE HAVE AGREED TO WITHDRAW THE APPEAL FILED BY THE REVENUE. HENCE , THE APPEAL FILED BY THE REVENUE IS DISMISSED AS WITHDRAWN. I .T.A. NOS.28 1 /CHNY/2020 : 6 . WHEN TH IS APPEAL WAS TAKEN UP FOR HEARING, VIDE LE T TER DATED 24.09.2020, THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HAS OPTED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME 2020 AND ALSO FORM NO.3 IS RECEIVED AND THE ASSESSEE IS IN THE PROCESS OF PAYMENT OF TAXES . THEREFORE, H E HAS SUBMITTED THAT TH IS APPEAL FILED BY THE REVENUE MAY BE DISMISSED AS WITHDRAWN. 7 . WE HAVE HEARD BOTH THE SIDES, PERUSED THE MAT ERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 8 . IN THIS CASE, THE ASSESSEE HAS OPTED FOR THE VIVAD - SE - VISHWAS SCHEME 2020 AND IS IN THE PROCESS OF PAYMENT OF TAXES . THE DEPARTMENTAL REPRESENTATIVE PRAYED THAT THE ASSESSEE MAY BE PERMITTED TO WITHDRAW THE APPEAL . HENCE, THE APPEAL FILED BY THE REVENUE IS DISMISSED AS WITHDRAWN. I . T . A NO .280 & 281 /CHNY/20 20 9 . IN THE RESULT, THE APPEA L S OF THE REVENUE IN I.T.A NO S . 280 & 281 /CHNY/20 20 ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 6 TH JANUARY, 2021 IN CHENNAI. SD/ - ( ) ( G. MANJUNATHA ) /ACCOUNTANT MEMBER SD/ - ( ) ( V. DURGA RAO ) /JUDICIAL MEMBER / CHENNAI, / DATED: 6 TH JANUARY, 2021 IA , SR. P.S /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. () /CIT(A) 4. /CIT 5. /DR 6. /GF