P.C. SUBRAMANIAM, COIMBATORE V. DCIT, NCC-1, COIMBATORE

ITA 3041/CHNY/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0046 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 8 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 01-07-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 30-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G JOHNSON
• Assessee Lawyers: P C SUBRAMANIAM

Judgement Text

./ ITA NO.3041/CHNY/2019 /ASSESSMENT YEAR: 2013-14 SHRI P.C. SUBRAMANIAM, NO.188, SUKRAWARPET STREET, COIMBATORE-641 001. V S. THE DY. COMMISSIONER OF INCOME TAX, NON. CORP. CIRCLE-1, COIMBATORE. [PAN: ACCPS 5346 P ] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. P.C.SUBRAMANIAM /RESPONDENT BY : MR. G. JOHNSON, ADDL.CIT /DATE OF HEARING : 01 .0 7 .2021 /DATE OF PRONOUNCEMENT : 01 . 07 .2021 / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER: THE ASSESSEE FILED THIS APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEAL), COIMBATORE-2, IN ORDER NO.ITBA /APL/S/250/2019- 20/1017569917(1) DATED 26.08.2019 FOR THE AY 2013-1 4. 2. WHEN THIS APPEAL WAS TAKEN UP FOR HEARING, BY FI LING FORM NOS.1 & 2, THE ASSESSEE HAS SUBMITTED THAT HE HAS OPTED TO AVAIL T HE VIVAD-SE-VISHWAS SCHEME 2020. IT WAS FURTHER A SUBMISSION THAT FORM NO.3 FR OM THE DESIGNATED AUTHORITY IS YET TO BE ISSUED AND WOULD BE SUBMITTED IN DUE C OURSE AND THE SAME SHALL BE FURNISHED AFTER ISSUANCE OF FORM NO.3. HE HAS FURTH ER SUBMITTED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPR ESENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE ASSESSEE. , , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI . . , . , , BEFORE SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER AND SHRI G. MANJUNATHA , ACCOUNTANT MEMBER ITA NO.3041/CHNY/2019 :: 2 :: 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 BY FILING FORM NOS.1 & 2 AND THE DESIGNATED AUTHORI TY 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 ISSU ED AND PRAYED FOR PERMITTING THE ASSESSEE TO WITHDRAW THE APPEAL, THE APPEAL FIL ED BY THE ASSESSEE IS PERMITTED TO BE WITHDRAWN. HOWEVER, IT IS OPEN TO THE ASSESS EE TO APPROACH THE TRIBUNAL BY FILING AN APPROPRIATE APPLICATION IN THE EVENT OF A NY INJUSTICE CAUSED TO THE ASSESSEE IN RESPECT OF THE SETTLEMENT OF DISPUTE RE LATING TO THE VIVAD-SE-VISHWAS SCHEME 2020. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IN ITA NO.3041/CHNY/2019 IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 01 ST DAY OF JULY, 2021, IN CHENNAI. S D/ - S D/ - ( . ) (G. MANJUNATHA) /ACCOUNTANT MEMBER ( . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER /CHENNAI, /DATED: 01 ST JULY, 2021. TLN /COPY TO: 1. /APPELLANT 4. /CIT 2. /RESPONDENT 5. /DR 3. ( ) /CIT(A) 6. /GF