NIRANJAN SANKAR ENTERPRISES P LTD, SIVAKASI V. DCIT CORPORATE CIRCLE, MADURAI

ITA 341/CHNY/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6205 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 1 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 13-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MRS R ANITA
• Assessee Lawyers: S SRIDHAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI . . , . , BEFORE SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ ITA NO.340/CHNY/2020 /ASSESSMENT YEAR: 2014-15 M/S.PRADEEP SANKAR ENTERPRISES- PVT. LTD., 17-A, BOOPATHY BUILDINGS, VIRUDHUNAGAR ROAD, SIVAKASI-626 123. V. THE INCOME TAX OFFICER, CORPORATE WARD-1, MADURAI. [PAN: AABCP 3545 R] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR.S.SRIDHAR, ADV. /RESPONDENT BY : MRS.R.ANITA, JCIT ./ ITA NO.341/CHNY/2020 /ASSESSMENT YEAR: 2013-14 M/S.NIRANJAN SANKAR ENTERPRISES- PVT. LTD., 17-A, BOOPATHY BUILDINGS, VIRUDHUNAGAR ROAD, SIVAKASI-626 123. V. THE DY. COMMISSIONER- OF INCOME TAX, CORPORATE CIRCLE, MADURAI. [PAN: AAACN 9164 D] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR.S.SRIDHAR, ADV. /RESPONDENT BY : MRS.R.ANITA, JCIT ITA NOS.340-343/C/20, 337/C/20 & 2656/C/19 :- 2 -: ./ ITA NO.342/CHNY/2020 /ASSESSMENT YEAR: 2014-15 M/S.BOOPATHY INVESTMENTS PVT. LTD., 17-A, BOOPATHY BUILDINGS, VIRUDHUNAGAR ROAD, SIVAKASI-626 123. V. THE ASST. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-1, MADURAI. [PAN: AABCB 1445 L] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR.S.SRIDHAR, ADV. /RESPONDENT BY : MRS.R.ANITA, JCIT ./ ITA NO.343/CHNY/2020 /ASSESSMENT YEAR: 2015-16 M/S.BOOPATHY INVESTMENTS PVT. LTD., 17-A, BOOPATHY BUILDINGS, VIRUDHUNAGAR ROAD, SIVAKASI-626 123. V. THE INCOME TAX OFFICER, CORPORATE WARD-1, MADURAI. [PAN: AABCB 1445 L] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR.S.SRIDHAR, ADV. /RESPONDENT BY : MRS.R.ANITA, JCIT ./ ITA NO.337/CHNY/2020 /ASSESSMENT YEAR: 2012-13 M/S.BAY OF BENGAL GATEWAY- TERMINAL PVT. LTD., NO.153/82, 4 TH LEVEL, SANTHOME HIGH ROAD, M.R.C.NAGAR, R.A.PURAM, CHENNAI-600 068. V. THE DY. COMMISSIONER- OF INCOME TAX, CORPORATE CIRCLE-1(2), CHENNAI. [PAN: AAECB 1790 R] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : NONE /RESPONDENT BY : MRS.R.ANITA, JCIT ITA NOS.340-343/C/20, 337/C/20 & 2656/C/19 :- 3 -: ./ ITA NO.2656/CHNY/2019 /ASSESSMENT YEAR: 2010-11 THE DY. COMMISSIONER OF- INCOME TAX, CORPORATE CIRCLE-3(2), CHENNAI. V. M/S.VICTORY FINANCIAL SERVICES PVT. LTD., RAJAH ANNAMALAI BUILDING, 72, MARSHALLS ROAD, EGMORE, CHENNAI-600 034. [PAN: AAACV 7673 B] ( /APPELLANT) ( /RESPONDENT) DEPARTMENT BY : MRS.R.ANITA, JCIT ASSESSEE BY : MR.H.YESHWANTH KUMAR, CA /DATE OF HEARING : 30.03.2021 /DT. OF PRONOUNCEMENT : 01.04.2021 / O R D E R PER BENCH: THIS BUNCH OF 06 APPEALS FILED BY DIFFERENT ASSE SSES/REVENUE ARE DIRECTED AGAINST ORDERS OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS), MADURAI/CHENNAI, EVEN DATED 26.12.2019, 27.12.2019, 26.12.2019, 26.11.2019 & 25.06.2019 FOR THE RESPECTIVE ASSESSME NT YEARS. 2. THE ASSESSEES APPEAL IN ITA NO.337/CHNY/2020 IS DELAYED BY 09 DAYS, FOR WHICH, THE ASSESSEE HAS FILED AFFIDAVIT F OR CONDONATION OF THE DELAY, TO WHICH, THE REVENUE HAS NOT RAISED ANY SER IOUS OBJECTION. CONSEQUENTLY, THE DELAY OF 09 DAYS IN FILING OF T HE APPEAL STANDS CONDONED AND THE APPEAL IS DISPOSED OFF ON MERITS. ITA NOS.340-343/C/20, 337/C/20 & 2656/C/19 :- 4 -: 3. THE REVENUES APPEAL IN ITA NO.2656/CHNY/2019, I S DELAYED BY 03 DAYS, FOR WHICH, THE AO HAS FILED THE AFFIDAVIT FOR 03 DAYS REQUESTING FOR CONDONATION OF DELAY, TO WHICH, THE LD.COUNSEL OF T HE ASSESSEE HAS NOT RAISED ANY SERIOUS OBJECTION. CONSEQUENTLY, THE DEL AY OF 03 DAYS IN FILING OF THE APPEAL STANDS CONDONED AND ACCORDINGLY, THE REVENUES APPEAL IS DISPOSED OFF. 4. WHEN THESE APPEALS WERE TAKEN UP FOR HEARING, TH E LEARNED COUNSELS FOR THE ASSESSEE/REVENUE HAS SUBMITTED THAT THE ASSESSE E/REVENUE 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 APPEAL. 5. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPR ESENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEAR NED COUNSELS FOR THE ASSESSEE. 6. WE HAVE HEARD BOTH THE SIDES, PERUSED THE MATERI ALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELO W. 7. IN THIS CASE, THE ASSESSEES/REVENUE HAVE OPTED F OR 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 WITHDRAW THE APPEAL. 8. IN VIEW OF THE SUBMISSIONS OF THE ASSESSEES/REVE NUE, THE APPEALS FILED BY THE ASSESSEES/REVENUE ARE PERMITTED TO BE WITHDRAWN . HOWEVER, IT IS OPEN TO THE ASSESSEES/REVENUE TO APPROACH THE TRIBUNAL BY F ILING AN APPROPRIATE APPLICATION IN THE EVENT OF ANY INJUSTICE CAUSED TO THE ASSESSEES/REVENUE IN ITA NOS.340-343/C/20, 337/C/20 & 2656/C/19 :- 5 -: RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO TH E VIVAD-SE-VISHWAS SCHEME 2020. 9. IN THE RESULT, ALL THE APPEALS OF THE ASSESSEES AS WELL AS THE REVENUE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 1 ST DAY OF APRIL, 2021, IN CHENNAI. SD/- SD/- ( . ) (S. JAYARAMAN) / ACCOUNTANT MEMBER ( . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER /CHENNAI, /DATED: 1 ST APRIL, 2021. TLN ! /COPY TO: 1. /APPELLANT 4. $ /CIT 2. /RESPONDENT 5. /DR 3. $ ( ) /CIT(A) 6. /GF