PRAVEEN KUMAR JAIN HUF, CHENNAI V. ITO NON CORPORATE WARD-5(4), CHENNAI

ITA 37/CHNY/2020

• Counselvise Citation: [2022] 107 COUNSELVISE.COM (IT) 0723 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 5 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-07-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 06-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

आयकर अपील य अ धकरण, ‘ बी ’ यायपीठ, चे नई IN THE INCOME TAX APPELLATE TRIBUNAL , ‘B’ BENCH, CHENNAI ी वी. द ु गा राव, या यक सद य एवं ी जी. मंज ु नाथ, लेखा सद य के सम$ BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER आयकरअपीलसं./I .T. A. No. 3 7/ Ch n y/ 2 02 0 ( नधा रणवष / A ss e ss m en t Ye ar : 2 011 - 12) M/s.Praveen Kumar Jain (HUF) 56, Narayana Mudali Street Sowcarpet, Chennai-79. V s The Income Tax Officer , Non-Corporate Ward-5(4) Chennai-6. PAN: AAHHP 6294C (अपीलाथ /Appellant) ( यथ /Respondent) अपीलाथ क ओरसे/ Appellant by : None यथ क ओरसे/Respondent by : Mr. R.L. Banekatti, JCIT स ु नवाई क तार ख/D a t e o f h e a r i n g : 04.07.2022 घोषणा क तार ख /D a t e o f P r o n o u n c e m e n t : 04.07.2022 आदेश / O R D E R PER G. MANJUNATHA, AM: This appeal filed by assessee is directed against order of learned Commissioner of Income Tax (Appeals)-5, Chennai, dated 25.09.2019 and pertains to assessment year 2011-12. 2. None appeared for the assessee. We have heard learned DR and also perused the materials available on record. At the time of hearing, the assessee has filed a letter dated 22.06.2022 along with Form No.5 issued by the Department under ‘Vivad se Vishwas Scheme, 2020’ and submitted that the assessee has availed the VSVS scheme to settle its pending disputes. The assessee further submitted that the Department 2 ITA No.37/Chny/2020 has accepted application filed by the assessee and issued Form 5 quantifying amount of taxes payable under VSVS scheme. Therefore, the assessee submitted that the appeal filed by the assessee may be dismissed as withdrawn. The ld. DR, on the other hand, has no objection for dismissing the appeal as the Designated Authority has issued Form 5. Therefore, considering fact that the assessee has filed application for withdrawal of appeal and has also filed Form 5 issued by the Department, we dismiss appeal filed by the assessee as withdrawn. However, a liberty is given to the assessee to restore the appeal, in case application filed by the assessee before the Designated Authority, is rejected for any reason. 3. In the result, appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court on 4 th July, 2022 Sd/- Sd/- ( वी.द ु गा राव) (जी.मंज ु नाथ) (V.Durga Rao) (G.Manjunatha) #या यक सद%य /Judicial Member लेखा सद%य / Accountant Member चे#नई/Chennai, (दनांक/Dated 4 th July, 2022 DS आदेश क त*ल+प अ,े+षत/Copy to: 1. Appellant 2. Respondent 3. आयकर आय ु -त (अपील)/CIT(A) 4. आयकर आय ु -त/CIT 5. +वभागीय त न2ध/DR 6. गाड फाईल/GF.