ACIT, CORPORATE CIRCLE - 4 (2), CHENNAI V. M/S. KEESARA PLASTICS PVT. LTD., CHENNAI

ITA 3369/CHNY/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6024 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 4 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 16-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHNY
• Assessee Lawyers: G JOHNSON CIT MR I DINESH

Judgement Text

/ DATE OF HEARING : 20-04-2021 / DATE OF PRONOUNCEMENT : 20-04-2021 / O R D E R PER DUVVURU R.L.REDDY, JUDICIAL MEMBER: THESE APPEALS FILED BY THE REVENUE ARE AGAINST THE ORD ER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-8, CHENNAI, IN ITA NOS.21 & 22/18-19 DATED 15.10.2019 REL EVANT TO THE ASSESSMENT YEARS 2010-11 & 2011-12. 2. WHEN THESE APPEALS WERE TAKEN UP FOR HEARING, THE L EARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HA S , , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI . . , . , BEFORE SHRI DUVVURU R.L. REDDY , JUDICIAL MEMBER AND SHRI S. JAYARAMAN , ACCOUNTANT MEMBER ITA NOS. AY APPELLANT RESPONDENT 3368 & 3369/CHNY/2019 2010-11 & 2011-12 THE ASST. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE- 4(2), CHENNAI. M/S.KEESARA PLASTICS PVT. LTD., NO.8, MONTIETH ROAD, EGMORE, CHENNAI-600 008. (PAN: AAACK 4025 C) DEPARTMENT BY : MR.G. JOHNSON, ADDL.CIT ASSESSEE BY : MR.I. DINESH, ADV. ITA NOS.3368 & 3369/CHNY/2019 :: 2 :: OPTED TO AVAIL THE VIVAD-SE-VISHWAS SCHEME 2020 AND F ORM NO.3 WAS ALSO ISSUED. IT HAS SUBMITTED THAT IT MAY BE PERMITTED TO WITHDRAW THE APPEAL. 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISS IONS OF THE LEARNED COUNSEL FOR THE ASSESSEE. 4. WE HAVE HEARD BOTH THE SIDES, PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 5. IN THESE CASES, THE ASSESSEE HAS OPTED FOR THE VIVAD -SE- VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY HAS ISSUED FORM NO.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. ACCORDINGLY, IT PRAYED THAT IT MAY BE PERMITTED TO WI THDRAW THE APPEALS. 6. IN VIEW OF THE SUBMISSIONS OF THE ASSESSEE, THE APP EALS FILED BY THE ASSESSEE ARE PERMITTED TO BE WITHDRAWN. HOWEVER, IT IS OPEN TO THE ASSESSEE TO APPROACH THE TRIBUNAL BY FI LING AN APPROPRIATE APPLICATION IN THE EVENT OF ANY INJUSTICE C AUSED TO ITA NOS.3368 & 3369/CHNY/2019 :: 3 :: THE ASSESSEE IN RESPECT OF THE SETTLEMENT OF DISPUTE RE LATING TO THE VIVAD-SE-VISHWAS SCHEME 2020. 7. IN THE RESULT, THE APPEALS OF THE REVENUE IN ITA NOS. 3368 & 3369/CHNY/2019 ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 20 TH DAY OF APRIL, 2021, IN CHENNAI. S D/ - S D/ - ( . ) (S. JAYARAMAN) /ACCOUNTANT MEMBER ( . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER /CHENNAI, /DATED: 20 TH APRIL, 2021. TLN /COPY TO: 1. /APPELLANT 4. /CIT 2. /RESPONDENT 5. /DR 3. ( ) /CIT(A) 6. ! /GF