Sunitha Leather Trading Company (Madras) (P) Ltd., CHENNAI V. ITO, CHENNAI

ITA 415/CHNY/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2535 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 1 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 18-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: K MEENAKSHISUNDARAM ITP
• Section: 13

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: CHENNAI , , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./ ITA NO.415/CHNY/2019 /ASSESSMENT YEAR: 2009-10 M/S. SUNITHA LEATHER TRADING CO. (MADRAS) PVT. LTD., NO.7, THIRUNEERMALAI ROAD, PALLAVARAM, CHENNAI-600 044. [PAN: AAJCS 1457P] VS. THE INCOME TAX OFFICER, CORPORATE WARD-6(4), CHENNAI. ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. K. MEENAKSHI SUNDARAM, ITP /RESPONDENT BY : MR. SURESH PERIASAMY, JCIT /DATE OF HEARING : 13.04.2021 / DATE OF PRONOUNCEMENT : 13.04.2021 / 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)-16 , CHENNAI IN ITA NO.117/CIT(A)-16/2015-16 DATED 31.12.2018 RELEVANT TO THE ASSESSMENT YEAR 2009-10. I.T.A NO.415/CHNY/2019 :- 2 -: 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, VIDE L ETTER DATED 08.04.2021, THE LEARNED COUNSEL FOR THE ASSESSEE HA S SUBMITTED THAT THE ASSESSEE HAS OPTED TO AVAIL THE VIVAD-SE-VISHWA S SCHEME 2020. IT WAS FURTHER SUBMISSION THAT THE FORM NO.3 FROM THE DESIGNATED AUTHORITY IS YET TO BE ISSUED AND WOULD BE SUBMITTE D IN DUE COURSE AND THE SAME SHALL BE FURNISHED AFTER ISSUANCE OF FORM 3. HE HAS FURTHER SUBMITTED THAT THE ASSESSEE MAY BE PERMITTED TO WIT HDRAW 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, PERUSED THE MATERI ALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITI ES 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. 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 I.T.A NO.415/CHNY/2019 :- 3 -: 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 13 TH APRIL, 2021 IN CHENNAI. SD/ - SD/ - ( & ) (G. MANJUNATHA) + /ACCOUNTANT MEMBER ( - ) (V. DURGA RAO) /JUDICIAL MEMBER /CHENNAI, /DATED: 13 TH APRIL, 2021 . EDN, SR. P.S /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. /GF