Jayanthilal, CHENNAI V. ITO Non Corporate Ward 4(2), CHENNAI

ITA 41/CHNY/2020

• Counselvise Citation: [2022] 107 COUNSELVISE.COM (IT) 0721 (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: 2010-2011
• Appeal Filed On: 06-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

आयकर अपीलीय अिधकरण, ’बी’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI ŵी वी दुगाŊ राव Ɋाियक सद˟ एवं ŵी जी. मंजुनाथा, लेखा सद˟ के समƗ Before Shri V. Durga Rao, Judicial Member & Shri G. Manjunatha, Accountant Member आयकर अपील सं./I.T.A. No.41/Chny/2020 िनधाŊरण वषŊ/Assessment Year: 2010-11 Shri Jayantilal, No. 148, Mint Street, Sowcarpet, Chennai 600 079. [PAN: ADBPJ8579K] Vs. Income Tax Officer, Non Corporate Ward 4(2), Chennai 600 006. (अपीलाथŎ/Appellant) (ŮȑथŎ/Respondent) अपीलाथŎ की ओर से / Appellant by : None ŮȑथŎ की ओर से/Respondent by : Shri R.L. Banekatti, JCIT सुनवाई की तारीख/ Date of hearing : 04.07.2022 घोषणा की तारीख /Date of Pronouncement : 04.07.2022 आदेश /O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals) 5, Chennai dated 30.08.2019 relevant to the assessment year 2010-11. 2. When the appeal was taken up for hearing, none appeared on behalf of the assessee or filed any adjournment petition despite various notices issued. However, by filing Form No. 3 to Form No. 5 towards opting to avail the Vivad-se-Vishwas Scheme 2020 for settlement of disputed tax vide his letter dated 22.06.2022, the assessee has prayed that the appeal filed may I.T.A. No.41/Chny/20 2 be deemed to be withdrawn. After hearing the ld. DR, we proceed to decide the appeal on merits. 3. We have heard the ld. DR and perused the materials available on record. In this case, the assessee has opted for the Vivad-se-Vishwas Scheme 2020 and the Designated Authority has issued Form No. 5 for the settlement of pending tax dispute. In view of the above facts and circumstances, the appeal filed by the assessee is liable to be dismissed as withdrawn. However, it is open to the assessee to approach the Tribunal by filing an appropriate application in the event of any prejudice caused in respect of the settlement of tax dispute under the Vivad-se-Vishwas Scheme 2020. 4. In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced on 04 th July, 2022 at Chennai. Sd/- Sd/- (G. MANJUNATHA) ACCOUNTANT MEMBER (V. DURGA RAO) JUDICIAL MEMBER Chennai, Dated, 04.07.2022 Vm/- आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant, 2.ŮȑथŎ/ Respondent, 3. आयकर आयुƅ (अपील)/CIT(A), 4. आयकर आयुƅ/CIT, 5. िवभागीय Ůितिनिध/DR & 6. गाडŊ फाईल/GF.