Oasys Cybernatics Pvt Ltd(formerly Omne Agate Systems Private Ltd), CHENNAI V. ACIT, CHENNAI

ITA 323/CHNY/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7028 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 6 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 31-08-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 11-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G JOHNSON
• Assessee Lawyers: ARJUN RAJ C A MR S SRIDHAR

Judgement Text

./ ITA NOS.323 & 324/CHNY/2019 /ASSESSMENT YEARS: 2009-10 & 2010-11 M/S.OASYS CYBERNETICS PVT. LTD., (FORMERLY KNOWN AS M/S.OMNE AGATE SYSTEMS PVT. LTD.), NO.99, M.N.COMPLEX, 2 ND FLOOR, GREAMS ROAD, CHENNAI-600 006. VS. THE ASST. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-5(1), CHENNAI. [PAN: AAACO 3548 G] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. ARJUN RAJ, CA FOR MR.S.SRIDHAR, ADV. /RESPONDENT BY : MR. G.JOHNSON, ADDL.CIT /DATE OF HEARING : 31 .0 8 .2021 /DATE OF PRONOUNCEMENT : 31 . 08 .2021 / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER: THE ASSESSEE FILED THESE APPEALS AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-3, CHENNAI, IN ITA NO.38/2011- 12/A-3 & IN ITA NO.43/2013-14/A-3 DATED 11.01.2019 FOR THE AYS 2009 -10 & 2010-11. 2. WHEN THESE APPEALS WERE TAKEN UP FOR HEARING, TH E LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HAS OPTED TO AVAIL THE VIVAD-SE-VISHWAS SCHEME 2020 AND FORM NO.3 WERE ALSO ISSUED. IT HAS SUBMITTED THAT IT MAY BE PERMITTED TO WITHDRAW THE APPEALS. 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPR ESENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEARNED COU NSEL FOR THE ASSESSEE. , , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI . . , . , , BEFORE SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER AND SHRI G. MANJUNATHA , ACCOUNTANT MEMBER ITA NOS.323 & 324/CHNY/2019 :: 2 :: 4. WE HAVE HEARD BOTH THE SIDES, PERUSED THE MATERI ALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELO W. 5. IN THESE CASES, THE ASSESSEE HAS OPTED FOR THE V IVAD-SE-VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY HAS ISSUED FORM N O.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. ACCORDINGLY, IT PRAYED THAT I T MAY BE PERMITTED TO WITHDRAW THE APPEALS. 6. IN VIEW OF THE SUBMISSIONS OF THE ASSESSEE, THE APPEALS FILED BY THE ASSESSEE ARE PERMITTED TO BE WITHDRAWN. HOWEVER, I T IS OPEN TO THE ASSESSEE TO APPROACH THE TRIBUNAL BY FILING AN APPROPRIATE APPL ICATION IN THE EVENT OF ANY INJUSTICE CAUSED TO THE ASSESSEE IN RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO THE VIVAD-SE-VISHWAS SCHEME 2020. 7. IN THE RESULT, THE APPEALS OF THE ASSESSEE IN IT A NOS.323 & 324/CHNY/2019 ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 31 ST DAY OF AUGUST, 2021, IN CHENNAI. S D/ - S D/ - ( . ) ( G. MANJUNATHA ) /ACCOUNTANT MEMBER ( . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER /CHENNAI, /DATED: 31 ST AUGUST, 2021. TLN /COPY TO: 1. /APPELLANT 4. ' /CIT 2. /RESPONDENT 5. /DR 3. ' ( ) /CIT(A) 6. /GF