N T DUGAR FOUNDATION, CHENNAI V. ADIT(EXEMPTIO0NS)IV, CHENNAI

ITA 3464/CHNY/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1371 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 1 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 20-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G JOHNSON ADD ITIONAL
• Assessee Lawyers: R PADMANABHAN
• Section: 201

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI , , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA , ACCOUNTAN T MEMBER ./ I . T . A NO. 3464 /CHNY/201 8 ASSESSMENT YEAR: 201 0 - 20 1 1 M/S. N.T. DUGAR FOUNDATION, DUGAR TOWERS, NO.34/123, 7 TH FLOOR, MARSHALLS ROAD, EGMORE, CHENNAI 600 008. [PAN: AA ATN 5304J ] VS. THE ASSISTANT DIRECTOR OF INCOME TAX ( EXE MPTIONS ) IV, NO.121, M.G. ROAD, NUNGAMBAKKAM, CHENNAI 600 034. ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. R. PADMANABHAN , C.A. /RESPONDENT BY : M R . G. JOHNSON , ADD ITIONAL CIT / DATE OF HEARING : 0 9 .02 .2021 / DATE OF PRONOUNCEMENT : 09. 0 2 .2021 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER : THIS APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX , ( APPEALS) - 17 IN I.T.A. NO.237/13 - 14 DATED 05.02.2018 RELE VANT TO THE ASSESSMENT YEAR 201 0 - 201 1 . I . T . A NO . 3464 /CHNY/201 8 : - 2 - : 2. IN THIS CASE, THERE IS A DELAY OF 24 0 DAYS IN FILING THE APPEAL. THE ASSESSEE HAS FILED AN AFFIDAVIT WHEREIN HE HAS EXPLAINED THE REASON FOR THE DELAY. WE HAVE GONE THROUGH THE ENTIRE AFFIDAVIT AND WE FIND THAT THERE IS SUFFICIENT CAUSE TO CONDONE THE DELAY. ACCORDINGLY, THE DELAY IN CONDONED. 3 . SO FAR AS THE MERITS OF THE CASE IS CONCERNED, THE ASSESSEE HAS ALREADY OPTED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME 2020 AND FORM NO.3 ISSUED BY THE D ESIGNATED AUTHORITY IS RECEIVED . HE HAS SUBMITTED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 4 . ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE. 5 . WE HAVE HEARD BOTH THE SIDES, PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 6 . IN THIS CASE, 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, HE PRAYED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. I . T . A NO . 3464 /CHNY/201 8 : - 3 - : 7 . IN VIEW OF THE SUBMISSIONS OF THE ASSESSEE, THE APPEAL FILED BY THE ASSESSEE IS PERMITTED TO BE W ITHDRAWN. HOWEVER, IT IS OPEN TO THE ASSESSEE TO APPROACH THE TRIBUNAL BY FILING AN APPROPRIATE APPLICATION 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. 8 . IN THE RESULT, THE APPEA L OF THE ASSESSEE IN I.T.A . NO. 3464 /CHNY/201 8 IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 9 TH FEBRUARY , 2021 IN CHENNAI. SD/ - ( ) ( G. MANJUNATHA) /ACCOUNTANT MEMBER SD/ - ( ) ( V. DURGA RAO ) /JUDICIAL MEMBER / CHENNAI, / DATED: 9 TH FEBRUARY , 2021 IA , SR. PS / COPY TO: 1. / A PPELLANT 2. / RESPONDENT 3. ( ) / CIT(A) 4. / CIT 5. / DR 6. / GF