Motilal Pannalal, CHENNAI V. ITO Non Corporate Ward 10(3), CHENNAI

ITA 699/CHNY/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2260 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 11 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 18-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: D ANAND

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI . . , . , BEFORE SHRI DUVVURU R . L . REDDY , JUDICIAL MEMBER AND SHRI S. JAYAR AMAN, ACCOUNTANT MEMBER ./ ITA NO.699/CHNY/2019 /ASSESSMENT YEAR: 2009-10 MR.MOTILAL PANNALAL, NO.14, BAJANAI KOIL STREET, RED HILLS, CHENNAI-600 052. VS. THE INCOME TAX OFFICER, NON-CORPORATE WARD- 10(3), CHENNAI-600 034. [P AN: AANPM 9742 N ] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. D.ANAND, ADV. /RESPONDENT BY : MR. SURESH PERIASAMY, JCIT /DATE OF HEARING : 18.02 .20 2 1 /DT. OF PRONOUNCEMENT : 18.02.2021 / O R D E R PER SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER: THIS APPEAL FILED BY THE ASSESSEE IS AGAINST THE O RDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-12, CH ENNAI, IN ITA NO.236/CIT(A)-12/16-17 DATED 31.01.2019 RELEVANT TO THE ASSESSMENT YEAR 2009-10. 2. WHEN THIS APPEAL WAS TAKEN UP FOR HEARING, VIDE LETTER DATED 11.02.2021, THE ASSESSEE HAS SUBMITTED THAT HE HAS OPTED TO AVAIL THE VIVAD-SE-VISHWAS SCHEME 2020. IT WAS FURTHER A SUBMISSION ITA NO.699/CHNY/2019 :- 2 -: THAT FORM NO.3 FROM THE DESIGNATED AUTHORITY IS YET TO BE ISSUED AND WOULD BE SUBMITTED IN DUE COURSE AND THE SAME SHALL BE FURNISHED AFTER ISSUANCE OF FORM NO.3. HE HAS FURTHER SUBMITT ED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 3. ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPRE SENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE ASSESSEE. 4. WE HAVE PERUSED THE MATERIALS AVAILABLE ON RECOR D AND GONE THROUGH THE ORDERS OF THE AUTHORITIES 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. SIN CE THE ASSESSEE HAS SUBMITTED THAT FORM NO.3 WOULD BE SUBMITTED AS AND WHEN IT IS ISSUED AND PRAYED FOR PERMITTING THE ASSESSEE TO WI THDRAW THE APPEAL, THE APPEAL FILED BY THE ASSESSEE IS PERMITT ED TO BE WITHDRAWN.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 TH E EVENT OF ANY INJUSTICE CAUSED TO THE ASSESSEE IN RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO THE VIVAD-SE-VISHWAS SCHEME 202 0. ITA NO.699/CHNY/2019 :- 3 -: 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IN ITA NO.699/CHNY/2019 IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 18 TH DAY OF FEBRUARY, 2021, IN CHENNAI. SD/ - SD/ - ( . ) (S. JAYARAMAN) /ACCOUNTANT MEMBER ( . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER /CHENNAI, /DATED: 18 TH FEBRUARY, 2021. TLN ! /COPY TO: 1. /APPELLANT 4. $ /CIT 2. /RESPONDENT 5. /DR 3. $ ( ) /CIT(A) 6. /GF