P.Parameswaran, Coimbatore V. ACIT, Coimbatore

ITA 3448/CHNY/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6148 (ITAT-CHENNAI)
• Duration Of Justice: 4 year(s) 1 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 22-12-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G JOHNSON
• Assessee Lawyers: K RAGHU

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI , . , BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./ ITA NOS.: 3446, 3447, 3448 & 3449/CHNY/2016 / ASSESSMENT YEARS: 2006-07 TO 2009-10 SHRI P.PARAMESWARAN, 195, ROSE PARK AVENUE, SAMICHETTIPALAYAM ROAD, JOTHIPURAM P.O., COIMBATORE 641 047. PAN : ANAPP8001B V. THE A CIT, CIRCLE II, COIMBATORE ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI K. RAGHU, CA /RESPONDENT BY : SHRI G. JOHNSON, ADDL.CIT /DATE OF HEARING : 28.01.2021 /DATE OF PRONOUNCEMENT : 28.01.2021 / O R D E R PER MAHAVIR SINGH, VP: THIS BUNCH OF 4 APPEALS FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDERS OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-2, COIMBATORE FOR THE ASSESSMENT YEARS 2006-07 TO 2009-10 RESPECTIVELY. 2. WE HAVE HEARD THE COUNSEL FOR THE ASSESSEE AND THE LD. DR AND ALSO PERUSED THE MATERIAL AVAILABLE ON RECORD. AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE HAVE MADE A STATEMENT AT BAR THAT THE ASSESSEE 2 I.T.A. NOS.3446 TO 3449/CHNY/2016 (VSVS) WANTS TO UTILIZE THE DIRECT TAXES VIVAD SE VISHWAS SCHEME, 2020 TO SETTLE PENDING DISPUTE RELATING TO DIRECT TAXES. THEREFORE, ONCE THE ASSESSEE EXPRESSED HIS WILLINGNESS TO AVAIL VIVAD SE VISHWAS SCHEME, 2020 TO SETTLE PENDING DISPUTES REGARDING DIRECT TAXES, THEN THERE IS NO POINT IN KEEPING APPEALS FILED BY THE ASSESSEE. IT IS NOTED THAT IN AN IDENTICAL APPLICATION FILED BY AN ASSESSEE IN THE CASE OF M/S. NANNUSAMY MOHAN (HUF) VS. ACIT IN T.C.A NO.372 OF 2020, THE HONBLE JURISDICTIONAL HIGH COURT OF MADRAS HAS DISMISSED THE APPEAL AS WITHDRAWN. HENCE BY FOLLOWING THE DECISION OF THE HONBLE MADRAS HIGH COURT, WE ARE DISMISSING THESE APPEALS SUBJECT TO LIBERTY TO THE ASSESSEE TO GET IT RECALLED IN CASE, THE ASSESSEE DOES NOT SUCCEED IN AVAILING THE SCHEME I.E., VIVAD SE VISHWAS SCHEME 2020 FOR WHATEVER REASON. 3. IN THE RESULT, ALL THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH JANUARY, 2021 AT CHENNAI. SD/- SD/- ( . ) (G. MANJUNATHA) /ACCOUNTANT MEMBER ( ) (MAHAVIR SINGH) /VICE PRESIDENT /CHENNAI, /DATED, THE 28 TH JANUARY, 2021 RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( ) /CIT(A) 4. /CIT 5. /DR 6. /GF.