Suseela, Coimbatore V. ACIT Non Corporate Circle 2, Coimbatore

ITA 2866/CHNY/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6508 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 4 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 29-03-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 27-11-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R ANITA
• Assessee Lawyers: ARJUNRAJ CA S SRIDHAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI . , , , BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER /. I.T.A. NO: 2866/CHNY/2017 / ASSESSMENT YEAR : 2013-14 SMT. SUSEELA, BLOCK NO. 9, RAJUNAIDU LAYOUT 2 ND STREET, GANDHIPURAM, COIMBATORE 641 012. [PAN:EWQPS 5928M] VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, NON CORPORATE CIRCLE -2, COIMBATORE. ( / APPELLANT) ( / RESPONDENT) ' ( / APPELLANT BY : MR. ARJUNRAJ, CA FOR S. SRIDHAR, ADVOCATE +,' ( / RESPONDENT BY : MS. R. ANITA, JCIT ( /DATE OF HEARING : 29.03.2021 ( /DATE OF PRONOUNCEMENT : 08.04.2021 / O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER: THE ASSESSEE FILED THIS APPEAL AGAINST THE ORDE R OF THE COMMISSIONER OF INCOME TAX (APPEALS)- 2, COIMBATORE IN ITA NO. 82/ 16-17 DATED 28.09.2017 FOR THE ASSESSMENT YEAR 2013-14. :-2-: ITA NO: 2866/CHNY/2017 2. THE ABOVE CASE WAS HEARD THROUGH VIDEO CONFERENCING . AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE WANTED TO UTILIZE THE DIRECT TAXES VIVAD SE VISHWAS SCHEM E, 2020 TO SETTLE PENDING DISPUTE RELATING TO DIRECT TAXES AND IN THIS REGARD THE ASSESSEE HAS FILED FORM NO 1 AND 2 AND RECEIVED FORM NO. 3 FROM THE DESIGNA TED AUTHORITY. 3. THE BENCH HAS CONSIDERED RIVAL CONTENTIONS OF BO TH SIDES AND AFTER HEARING BOTH PARTIES, WE FIND THAT THE ASSESSEE HAS FILED DECLARATION IN FORM NO.1 ALONG WITH UNDERTAKING WAIVING RIGHTS FOR ANY REMEDY IN FORM NO. 2 TO THE DESIGNATED AUTHORITY AND HAS RECEIVED FORM 3. THEREFORE, WE DISMISS THE APPEAL FILED BY THE ASSESSEE, SUPRA, AS WITH DRAWN. HOWEVER, LIBERTY IS GIVEN TO THE ASSESSEE TO RESTORE THE APPEAL, IN THE EVENT OF THE DESIGNATED AUTHORITY, FOR ANY REASON REJECT THE APPLICATION FI LED BY THE ASSESSEE UNDER SECTION 4 OF THE SAID ACT. WE, FURTHER MAKE IT CLEA R THAT IF THE ASSESSEE HAS FOR ANY REASON OPTED OUT FROM THE SCHEME OR THE APPLICA NT UNDER THE SCHEME MISREPRESENT ANY FACT WHICH RESULTED IN REJECTION O F APPLICATION FILED UNDER THE SCHEME, THEN THE PROVISIONS OF SECTION 4(6) OF THE ACT, SHALL BE APPLICABLE TO ALL SUCH APPEALS AND IN SUCH CASES, ALL THE PROCEEDINGS AND THE CLAI MS WHICH WERE WITHDRAWN UNDER SECTION 4 AND ALL THE CONSEQUENCES UNDER THE INCOME- TAX ACT AGAINST THE DECLARANT SHALL BE DEEMED TO HA VE BEEN REVIVED. WE, FURTHER MAKE IT CLEAR THAT THE ASSESSEE SHOULD PROM PTLY INFORM THE ASSESSING :-3-: ITA NO: 2866/CHNY/2017 OFFICER ABOUT THEIR DECISION TO OPT OUT OF THE SCHE ME OR REJECTION OF APPLICATION BY THE DESIGNATED AUTHORITY TO THE ASSE SSING OFFICER, SO AS TO ENABLE TO FILE MISCELLANEOUS APPLICATION TO RESTORE THE APPEAL. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 08 TH APRIL, 2021 AT CHENNAI. SD/- ( . ' ) (DUVVURU RL REDDY) $% /JUDICIAL MEMBER SD/- ( ) (S. JAYARAMAN) % /ACCOUNTANT MEMBER /CHENNAI, 1 /DATED: 08 TH APRIL, 2021 JPV (+3454 /COPY TO: 1. ' / APPELLANT 2. +,' /RESPONDENT 3. 6 ) ( /CIT(A) 4. 6 /CIT 5. 4+ /DR 6. 9 /GF