B DEVAHIE, CHENNAI V. ACIT, CENTRAL CIR-3(3), CHENNAI

ITA 3327/CHNY/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3048 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 10 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 05-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: K G RAGHUNATH
• Section: 22

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI [ , . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./ ITA NOS.: 3327, 3328, 3329, 3330 & 3331/CHNY/2018 / ASSESSMENT YEARS: 2009-10, 2010-11, 2012-13, 2013-14 & 2014-15 SMT. B. DEVAHIE, 9/16, VENKATESAN STREET, T.NAGAR, CHENNAI 600 014. PAN: AHUPB 6579N V. THE ACIT , CENTRAL CIRCLE 3 (3) CHENNAI. ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI K.G. RAGHUNATH, ADVOCATE /RESPONDENT BY : SHRI AR.V. SREENIVASAN, ADDL.CIT /DATE OF HEARING : 22.10.2021 /DATE OF PRONOUNCEMENT : 22.10.2021 / O R D E R PER BENCH: THESE APPEALS FILED BY THE ASSESSEE ARE DIRECTED AGAINST COMMON ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-19, CHENNAI, DATED 08.10.2018 AND PERTAINS TO ASSESSMENT YEARS 2009-10, 2010- 11, 2012-13, 2013-14 & 2014-15. 2. WE HAVE HEARD THE LD.AR FOR THE ASSESSEE AND THE LD. DR AND ALSO PERUSED THE MATERIALS AVAILABLE ON RECORD. AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE HAS FILED A LETTER ALONG WITH FORM NO.3 ISSUED BY THE DEPARTMENT UNDER VIVAD SE VISHWAS SCHEME, 2 I.T.A. NOS. 3327 TO 3331/CHNY/2018 (VSVS) 2020 AND SUBMITTED THAT THE ASSESSEE HAS AVAILED THE VSVS SCHEME TO SETTLE ITS PENDING DISPUTES. THE LD.AR FOR THE ASSESSEE FURTHER SUBMITTED THAT THE DEPARTMENT HAS ACCEPTED APPLICATIONS FILED BY THE ASSESSEE AND ISSUED FORM 3 QUANTIFYING AMOUNT OF TAXES PAYABLE UNDER VSVS SCHEME. THEREFORE, THE LD.AR FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE MAY BE PERMITTED TO WITHDRAW THE APPEALS. THE LD.DR ON THE OTHER HAND HAS NO OBJECTION FOR WITHDRAWING APPEALS FILED BY THE ASSESSEE. THEREFORE, CONSIDERING THE FACT THAT THE ASSESSEE HAS FILED APPLICATION FOR WITHDRAWAL OF APPEALS AND HAS ALSO FILED FORM 3 ISSUED BY THE DEPARTMENT, WE DISMISS THE APPEALS FILED BY THE ASSESSEE AS WITHDRAWN. HOWEVER, A LIBERTY IS GIVEN TO THE ASSESSEE TO RESTORE THE APPEALS, IN CASE THE APPLICATION FILED BY THE ASSESSEE BEFORE THE DESIGNATED AUTHORITY, IS REJECTED FOR ANY REASON. 3. IN THE RESULT, THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND OCTOBER, 2021 AT CHENNAI. SD/- SD/- ( ) (V. DURGA RAO) / JUDICIAL MEMBER ( . ) (G. MANJUNATHA) /ACCOUNTANT MEMBER /CHENNAI, /DATED, THE 22 ND OCTOBER, 2021 RSR 1. /APPELLANT 2. /RESPONDENT 3. ( ) /CIT(A) 4. /CIT 5. /DR 6. /GF.