M.Ganesan, CHENNAI V. ITO, CHENNAI

ITA 3474/CHNY/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1175 (ITAT-CHENNAI)
• Duration Of Justice: 4 year(s) 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 27-12-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SATHYANARAYANAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI , , , % BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBE R ./ ITA NO.3474/CHNY/2016 /ASSESSMENT YEAR: 2007-08 SHRI M. GANESAN, NO.2/20, FIFTH STREET, THIRUMOORTHY NAGAR, NUNGAMBAKKAM, CHENNAI 600 034. [PAN: AAJHM 0787M] VS. THE INCOME TAX OFFICER, NON CORPORATE WARD-3(1), CHENNAI. ( ( /APPELLANT) ( )*( /RESPONDENT) ( / APPELLANT BY : MR.SATHYANARAYANAN, ADVOCATE )*( /RESPONDENT BY : MR. SURESH PERIASAMY, JCIT /DATE OF HEARING : 07.07.2021 / DATE OF PRONOUNCEMENT : 07.07.2021 / O R D E R PER SHRI V. DURGA RAO, JUDICIAL MEMBER : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-4, CHENNAI IN I.T.A NO.223/2013-14/A.Y 2007-08/CIT(A)-4 DATED 07. 07.2021 RELEVANT TO THE ASSESSMENT YEAR 2007-08. I.T.A NO.3474/CHNY/2016 :- 2 -: 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, THE LE ARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HAS OP TED TO AVAIL THE VIVAD-SE-VISHWAS SCHEME 2020. IT WAS FURTHER SUBMIS SION THAT THE FORM NO.3 FROM THE DESIGNATED AUTHORITY IS YET TO B E ISSUED AND WOULD BE SUBMITTED IN DUE COURSE AND THE SAME SHALL BE FU RNISHED AFTER ISSUANCE OF FORM 3. HE HAS FURTHER SUBMITTED THAT T HE ASSESSEE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 3. ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPRE SENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE. 4. WE HAVE HEARD BOTH THE SIDES THROUGH VIDEO-CONFE RENCING, PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 5. IN THIS CASE, THE ASSESSEE HAS OPTED FOR THE VIV AD-SE-VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY IS YET TO ISSUE FORM NO.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. SINCE TH E LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT FORM 3 WOULD BE SUBMITT ED AS AND WHEN IT WAS ISSUED AND PRAYED FOR PERMITTING THE ASSESSE E TO WITHDRAW THE APPEAL, THE APPEAL FILED BY THE ASSESSEE IS PERMITT ED TO BE WITHDRAWN. I.T.A NO.3474/CHNY/2016 :- 3 -: HOWEVER, IT IS OPEN TO THE ASSESSEE TO APPROACH THE TRIBUNAL BY FILING AN APPROPRIATE APPLICATION IN THE EVENT OF ANY INJU STICE CAUSED TO THE ASSESSEE IN RESPECT OF THE SETTLEMENT OF DISPUTE RE LATING TO THE VIVAD- SE-VISHWAS SCHEME 2020. 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 07 TH JULY, 2021 IN CHENNAI. SD/ - SD/ - ( . ) (S. JAYARAMAN ) /ACCOUNTANT MEMBER ( ) (V. DURGA RAO) /JUDICIAL MEMBER /CHENNAI, /DATED: 07 TH JULY, 2021 . EDN, SR. P.S /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. /GF