P.PADMAVATHI, CHENNAI V. ACIT NON CORPORATE CIRCLE 22, TAMBARAM, CHENNAI

ITA 3145/CHNY/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2363 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 06-05-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 19-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S SRIDHAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: CHENNAI , , ( BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER SL. NO. ./ ITA NUMBER / ASSESSMENT YEAR / APPELLANT )*+ / RESPONDENT 1. 3145/CHNY/2018 2009-10 SMT. P. PADMAVATHI, NO.4/108, KAMBAR STREET, PADUR VILLAGE, CHENGALPATTU, CHENNAI 603 103. [PAN: CSXPP 4577N] THE ASST. COMMISSIONER OF INCOME TAX, NON-CORPORATE CIRCLE- 22, CHENNAI. / APPELLANT BY : MR. S. SRIDHAR, ADVOCATE /RESPONDENT BY : MR. SURESH PERIASAMY, JCIT 2. 1395/CHNY/2019 2014-15 M/S. STERLING FUTURES AND HOLDINGS LTD., FLAT NO.32, CATHEDRAL GARDEN ROAD, NUNGAMBAKKAM, CHENNAI-600 034. [PAN: AAACS 4459A] THE DY. COMMISSIONER INCOME TAX OFFICER, CORPORATE CIRCLE-6(2), CHENNAI. / APPELLANT BY : MR. H. YESHWANTH KUMAR, C.A /RESPONDENT BY : MR. SURESH PERIASAMY, JCIT 3. 369/CHNY/2020 2010-11 SMT. PRASANNA MASILAMANI, NO.3B,LAMECHRESIDENCY, 58, LAMECH AVENUE, SPUR TANK ROAD, CHETPAT, CHENNAI - 600 031. [PAN: AJAPM 6895Q] THE INCOME T AX OFFICER, NON CORPORATE WARD- 17(3), CHENNAI. / APPELLANT BY : NONE /RESPONDENT BY : SHRI SURESH PERIASAMY, ADDL. CIT /DATE OF HEARING : 20.04.2021 /DATE OF PRONOUNCEMENT : 20.04.2021 ITA NOS.3145/CHNY/2018, 1395/CHNY/2019 & 369/CHNY/2 020 2 / O R D E R PER BENCH : THESE THREE APPEALS FILED BY DIFFERENT ASSESSEES AR E DIRECTED AGAINST THE ORDERS OF LEARNED COMMISSIONER OF INCOME TAX (A PPEALS), CHENNAI EVEN DATED 10.08.2018/26.02.2019/16.12.2019 FOR RESPECTI VE ASSESSMENT YEARS. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE IN ITA N O.369/CHNY/2020. WHEN THESE APPEALS WERE TAKEN UP FOR HEARING, VIDE LETTERS DATED 03.04.2021, 19.04.2021 & 31.03.2021, THE LEARNED CO UNSELS FOR THE ASSESSEES HAVE SUBMITTED THAT THE ASSESSEES HAVE OP TED TO AVAIL THE VIVAD- SE-VISHWAS SCHEME 2020 AND FORM NO.3 WAS ALSO ISSUE D IN ALL THE APPEALS. THE LD. COUNSELS FOR THE ASSESSEES HAVE ALSO SUBMIT TED THAT THEY MAY BE PERMITTED TO WITHDRAW THE APPEALS. 3. ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPRE SENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEAR NED COUNSEL FOR THE ASSESSEES. 4. WE HAVE HEARD THE COUNSELS FOR THE ASSESSEES THR OUGH VIDEO CONFERENCING, PERUSED THE MATERIALS AVAILABLE ON RE CORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 5. IN THESE CASES, THE ASSESSEES HAVE OPTED FOR THE VIVAD-SE-VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY HAS ISSUED FORM NO.3 FOR THE ITA NOS.3145/CHNY/2018, 1395/CHNY/2019 & 369/CHNY/2 020 3 SETTLEMENT OF PENDING TAX DISPUTE. ACCORDINGLY, THE ASSESSEES HAVE PRAYED THAT THEY MAY BE PERMITTED TO WITHDRAW THE APPEALS. 6. IN VIEW OF THE SUBMISSIONS OF THE ASSESSEES, THE APPEALS FILED BY THE ASSESSEES ARE PERMITTED TO BE WITHDRAWN. HOWEVER, I T IS OPEN TO THE ASSESSEES TO APPROACH THE TRIBUNAL BY FILING AN APP ROPRIATE APPLICATION IN THE EVENT OF ANY INJUSTICE CAUSED TO THE ASSESSEES IN RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO THE VIVAD-SE-VISH WAS SCHEME 2020. 7. IN THE RESULT, ALL THE THREE APPEALS FILED BY TH E ASSESSEES ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 20 TH APRIL, 2021 AT CHENNAI. SD/ - SD/ - ( ) (G. MANJUNATHA) /ACCOUNTANT MEMBER ( ) (V. DURGA RAO) /JUDICIAL MEMBER /CHENNAI, /DATED: 20 TH APRIL, 2021 . EDN, SR. P.S /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. /GF