SHRI S. NAVEEN, L/R. OF SHRI S. SRIDHARAN, TRICHY V. DCIT, CIRCLE - 2 (1), TRICHY

ITA 411/CHNY/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2720 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 17-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R ANITA

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI , , % BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER /. I.T.A. NO: 411/CHNY/2020 / ASSESSMENT YEAR : 2005-06 SHRI. S. NAVEEN, LR OF S. SRIDHARAN, NO. 6, II MAIN ROAD, GNANAM COLONYM RAMALINGA NAGAR, WORAIYUR, TRICHY. [PAN: AAHPS 8921P] VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -2(1), TRICHY. ( / APPELLANT) ( / RESPONDENT) '( / APPELLANT BY : NONE +,'( / RESPONDENT BY : MS. R. ANITA, JCIT ( /DATE OF HEARING : 21.06.2021 ( /DATE OF PRONOUNCEMENT : 21.06.2021 / O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER: THE ASSESSEE FILED THIS APPEAL AGAINST THE ORD ER OF THE COMMISSIONER OF INCOME TAX (APPEALS)- 1, TRICHY IN ITA NO. 241/201 4-15/CIT(A)-2/TRY DATED 23.01.2020 FOR THE ASSESSMENT YEAR 2005-06. ITA NO.411/CHNY/2020 :- 2 -: 2. THE ABOVE CASE WAS HEARD THROUGH VIDEO CONFERENC ING. AT THE TIME OF HEARING, IT IS NOTED THAT THE LEARNED COUNSEL FOR T HE ASSESSEE HAS SUBMITTED A LETTER DATED 04.05.2021 MENTIONING THAT THE ASSESSE E WANTED TO UTILIZE THE DIRECT TAXES VIVAD SE VISHWAS SCHEME, 2020 TO SETTLE PEN DING DISPUTE RELATING TO DIRECT TAXES AND IN THIS REGARD THE ASSESSEE HAS FI LED FORM NO. 1 AND FORM 2 AND OBTAINED FORM NO. 3 FROM THE DESIGNATED AUTHORITY. 3. THE BENCH HAS CONSIDERED THE MATERIAL. SINCE TH E ASSESSEE HAS ALREADY OBTAINED FORM NO.3 AND SEEKS WITHDRAWAL OF APPEAL, THEREFORE, WE DISMISS THE APPEAL FILED BY THE ASSESSEE, SUPRA, AS WITHDRAWN. HOWEVER, LIBERTY IS GIVEN TO THE ASSESSEE TO RESTORE THE APPEAL, IN THE EVENT OF THE DESIGNATED AUTHORITY, FOR ANY REASON REJECT THE APPLICATION FILED BY THE ASSE SSEE UNDER SECTION 4 OF THE SAID ACT. WE, FURTHER MAKE IT CLEAR THAT IF THE ASSESSE E HAS FOR ANY REASON OPTED OUT FROM THE SCHEME OR THE APPLICANT UNDER THE SCHEME M ISREPRESENT ANY FACT WHICH RESULTED IN REJECTION OF APPLICATION FILED UNDER TH E SCHEME, THEN THE PROVISIONS OF SECTION 4(6) OF THE ACT, SHALL BE APPLICABLE TO ALL SUCH APPEALS AND IN SUCH CASES, ALL THE PROCEEDINGS AND THE CLAIMS WHICH WERE WITHD RAWN UNDER SECTION 4 AND ALL THE CONSEQUENCES UNDER THE INCOME TAX ACT AGAINST T HE DECLARANT SHALL BE DEEMED TO HAVE BEEN REVIVED. WE, FURTHER MAKE IT C LEAR THAT THE ASSESSEE SHOULD PROMPTLY INFORM THE ASSESSING OFFICER ABOUT THEIR D ECISION TO OPT OUT OF THE SCHEME OR REJECTION OF APPLICATION BY THE DESIGNATE D AUTHORITY TO THE ASSESSING OFFICER, SO AS TO ENABLE TO FILE MISCELLANEOUS APPL ICATION TO RESTORE THE APPEAL. ITA NO.411/CHNY/2020 :- 3 -: 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST JUNE, 2021 AT CHENNAI. SD/- ( ) (V. DURGA RAO) /JUDICIAL MEMBER SD/- ( ) (S. JAYARAMAN) ' /ACCOUNTANT MEMBER /CHENNAI, 1 /DATED: 21 ST JUNE , 2021 JPV (+3454 /COPY TO: 1. ' / APPELLANT 2. +,' /RESPONDENT 3. 6 ) ( /CIT(A) 4. 6 /CIT 5. 4+ /DR 6. /GF