Malles AV Gardens, CHENNAI V. ITO, CHENNAI

ITA 486/CHNY/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8619 (ITAT-CHENNAI)
• Duration Of Justice: 4 year(s) 3 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 05-04-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 27-02-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G SRINIVASA RAO
• Assessee Lawyers: S SRIDHAR
• Section: 22

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT M EMBER ./ I .T.A NO.816/CHNY/2017 ASSESSMENT YEAR: 2012 - 2013 THE INCOME TAX OFFICER, NON CORPORATE WARD 1(3) CHENNAI 600 034. VS. M/S. MALLES RAJARAJESWARI, NO.19, TANJORE ROAD, T. NAGAR, CHENNAI 600 017. [PAN: AAOFM 2823M] ( /APPELLANT) ( /RESPONDENT) ./ I.T.A NO.1649/CHNY/2017 ASSESSMENT YEAR: 2008 - 2009 M/S. MALLES RAJARAJESWARI, NO.19, TANJORE ROAD, T. NAGAR, CHENNAI 600 017. [PAN: AAOFM 2823M] VS. THE INCOME TAX OFFICER, NON CORPORATE WARD 1(3) CHENNAI 600 034. ( /APPELLANT) ( /RESPONDENT) ./ I.T.A NO.486/CHNY/2017 ASSESSMENT YEAR: 2012 - 2013 M/S. MALLES AV GARDENS, NO.19, TANJORE ROAD, T. NAGAR, CHENNAI 600 017. [PAN: AAPFM 2559M] VS. THE INCOME TAX OFFIC ER, NON CORPORATE WARD 1(3) CHENNAI 600 034. ( /APPELLANT) ( /RESPONDENT) I.T.A. NO. 816 /CHNY/ 2017 & 1649 /CHNY/2017 & I . T . A NO 486 /CHNY/ 2017 & 815 /CHNY/ 2017 : - 2 - : ./ I.T.A NO.815/CHNY/2017 ASSESSMENT YEAR: 2012 - 2013 THE INCOME TAX OFFICER, NON CORPORATE WARD 1(3) CHENNAI 600 034. VS. M/S. MALLES AV GA RDENS, NO.19, TANJORE ROAD, T. NAGAR, CHENNAI 600 017. [PAN: AAPFM 2559M] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. S. SRIDHAR, ADVOCATE /RESPONDENT BY : MR. G. SRINIVASA RAO, CIT / DATE OF HEARING : 22.06.2021 / DATE OF PRONOUNCEMENT : 22. 06.2021 / O R D E R PER BENCH : I.T.A. NO.816/CHNY/2017 IS AN APPEAL FILED BY THE REVENUE & I.T.A. NO.1649/CHNY/2017 IS AN APPEAL FILED BY THE ASSESSEE A GAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 2 IN APPEAL NO.I.T.A. NO.91/CIT(A) - 2/2012 - 2013 DATED 27.01.2017 & I.T.A. NO.231/CIT(A) - 2/2015 - 16 DATED 30.05.2017 FOR THE ASSESSMENT YEAR 2012 2013 AND 2008 2009 RESPECTIVELY. 2. I.T .A. NO.486/CHNY/2017 IS AN APPEAL FILED BY THE ASSESSEE & I.T.A. NO.815/CHNY/2017 IS AN APPEAL FILED BY THE REVENUE AGAINST THE I.T.A. NO. 816 /CHNY/ 2017 & 1649 /CHNY/2017 & I . T . A NO 486 /CHNY/ 2017 & 815 /CHNY/ 2017 : - 3 - : CONSOLIDATED ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 2 IN APPEAL NO.I.T.A. NO.92/CIT(A) - 2/2015 - 16 DATED 27.01. 2017 BOTH FOR THE ASSESSMENT YEAR 2012 2013. 3 . AS FAR AS THE MERITS OF THE CASE IS CONCERNED, THE ASSESSEE/REVENUE HAS OPTED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME 2020 AND FORM NO.3 ISSUED BY THE DESIGNATED AUTHORITY HAS BEEN RECEIVED. THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THEY MAY BE PERMITTED TO WITHDRAW THE APPEAL. 4 . ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPRESENTAT IVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE. 5 . WE HAVE HEARD BOTH THE SIDES, PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 6 . IN THIS CASE, THE ASSESSEE/ REVENUE HAS OPTED FOR THE VIVAD - SE - VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY HAS ISSUED FORM NO.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. ACCORDINGLY, HE PRAYED THAT THEY MAY BE PERMITTED TO WITHDRAW THE APPEAL. I.T.A. NO. 816 /CHNY/ 2017 & 1649 /CHNY/2017 & I . T . A NO 486 /CHNY/ 2017 & 815 /CHNY/ 2017 : - 4 - : 7 . IN VIEW OF THE SUBMISSIONS OF THE ASSESSEE /REVENUE , THE APPEAL S ARE PERM ITTED TO BE WITHDRAWN. HOWEVER, IT IS OPEN TO THE ASSESSEE /REVENUE TO APPROACH THE TRIBUNAL BY FILING AN APPROPRIATE APPLICATION IN THE EVENT OF ANY INJUSTICE CAUSED IN RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO THE VIVAD - SE - VISHWAS SCHEME 2020. 8 . IN THE RESULT, ALL THE FOUR APPEAL S OF THE ASSESSEE IN I.T.A. NO.1649/CHNY/2017 & I.T.A. NO.486/CHNY/2017 AS WELL AS THE REVENUE IN I.T.A. NO. 81 5/CHNY/2017 & I.T.A. NO.816/CHNY/2017 RESPECTIVELY ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 22 ND JUNE , 2021 IN CHENNAI. SD/ - ( . ) ( S. JAYARAMAN ) /ACCOUNTANT MEMBER SD/ - ( ) ( V. DURGA RAO ) /JUDICI AL MEMBER / CHENNAI, / DATED: 22 ND JUNE , 2021 IA , SR. PS / COPY TO: 1. / APPELLANT 2. / RESPONDENT 3. ( ) / CIT(A) 4. / CIT 5. / DR 6. / GF