Ramesh Chand Bhutra, CHENNAI V. ACIT Non Corporate Circle 7(1), CHENNAI

ITA 701/CHNY/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2263 (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: 2013-2014
• 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. JAYARAMAN, ACCOUNTANT MEMBER ./ ITA NO.701/CHNY/2019 /ASSESSMENT YEAR: 2013-14 SHRI RAMESH CHANDRA BHUTRA, NO.78, 4 TH AVENUE, SHANTHI COLONY, ANNA NAGAR, CHENNAI-600 040. VS. THE ASST. COMMISSIONER OF INCOME TAX, NON-CORPORATE CIRCLE-7(1), CHENNAI-34. [PAN: AA FPB 8872 Q ] ( /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 ORDE R OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-7, CHENNAI, IN ITA NO.14/CIT(A)-7/2018-19 DATED 29.10.2018 RELEVANT TO THE ASSESSMENT YEAR 2013-14. ITA NO.701/CHNY/2019 :- 2 -: 2. WHEN THIS APPEAL WAS TAKEN UP FOR HEARING, VIDE LETTE R DATED 11.02.2021, THE ASSESSEE HAS SUBMITTED THAT HE HAS OPTED TO AVAIL THE VIVAD-SE-VISHWAS SCHEME 2020. IT WAS FURTHE R A SUBMISSION 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 SUBMITTED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPE AL. 3. ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPRESENTATIV E HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE AS SESSEE. 4. WE HAVE PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 5. IN THIS CASE, THE ASSESSEE HAS OPTED FOR THE VIVAD- SE- VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY IS YET T O ISSUE FORM NO.3 FOR THE SETTLEMENT OF PENDING TAX DISPUT E. SINCE THE ASSESSEE HAS SUBMITTED THAT FORM NO.3 WOULD BE SUBM ITTED AS AND WHEN IT IS ISSUED AND PRAYED FOR PERMITTING THE AS SESSEE TO WITHDRAW THE APPEAL, THE APPEAL FILED BY THE ASSE SSEE IS PERMITTED TO BE WITHDRAWN. HOWEVER, IT IS OPEN TO THE ASSESSEE ITA NO.701/CHNY/2019 :- 3 -: TO APPROACH THE TRIBUNAL BY FILING AN APPROPRIATE APPLICA TION IN THE EVENT OF ANY INJUSTICE CAUSED TO THE ASSESSEE IN RESPE CT OF THE SETTLEMENT OF DISPUTE RELATING TO THE VIVAD-SE-VISHWA S SCHEME 2020. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IN ITA NO.701/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