M/S. VRIDDHI CORPORATE FINANCE, CHENNAI V. ITO, NCW - 1 (2), CHENNAI

ITA 789/CHNY/2020

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8266 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 1 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-11-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 24-09-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

आयकर अपील सं./ITA No.789/Chny/2020 िनधा रण वष /Assessment Year: 2014-15 M/s.Vriddhi Corporate Finance, No.2, North Crescent Road, T.Nagar, Chennai-600 017. v. The Income Tax Officer, Non-Corporate Ward-1(2), Chennai. [PAN: AAJFV 0934 B] (अपीलाथ /Appellant) ( यथ /Respondent) अपीलाथ क ओर से/ Appellant by : Mr.S.Sridhar, Adv. यथ क ओर से /Respondent by : Mr.G.Johnson, Addl.CIT सुनवाई क तारीख/Date of Hearing : 15.11.2021 घोषणा क तारीख /Date of Pronouncement : 17.11.2021 आदेश / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER: This appeal filed by the assessee is against the order of the learned Commissioner of Income Tax (Appeals)-2, Chennai, in ITA No.167/CIT(A)-2/2016-17 dated 17.02.2020 relevant to the Assessment Year 2014-15. 2. When the appeal was taken up for hearing, the ld. Counsel for the assessee has filed a copy of order dated 23.09.2021 passed by the Hon’ble Apex Court in M.A. No.665/2021 in SMW (C) No.3/2020 in connection with delay of 161 days in filing of the appeal before the आयकर अपीलीय अिधकरण, ’सी’ यायपीठ, चे ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH: CHENNAI ी धु ु आर.एल. रे ी, ाियक सद एवं ी जी. मंजूनाथा, , लेखा सद के सम BEFORE SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ITA No.789/Chny/2020 :: 2 :: Tribunal. It was prayed that the above delay in filing the appeal may kindly be condoned, against which, the ld. DR has not seriously objected to the above submissions of the ld. Counsel. Since the assessee was prevented by sufficient cause, the delay of 161 days in filing the appeal stands condoned. 3. The learned Counsel for the Assessee has further submitted that the Assessee has opted to avail the Vivad-se-Vishwas Scheme 2020 and Form No.3 was also issued. It was submitted that the assessee may be permitted to withdraw the appeal. 4. On the other hand, the learned Departmental Representative 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 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. In view of the above, the appeal filed by the assessee is liable to be dismissed as withdrawn. However, it is open to the Assessee to approach the Tribunal by filing an appropriate application in the event of any injustice caused to the ITA No.789/Chny/2020 :: 3 :: Assessee in respect of the settlement of dispute relating to the Vivad- se-Vishwas Scheme 2020. 7. In the result, the appeal of the Assessee is dismissed as withdrawn. Order pronounced on the 17 th day of November, 2021, in Chennai. Sd/- Sd/- (जी. मंजूनाथा) (G. MANJUNATHA) लेखा सद य/ACCOUNTANT MEMBER (धु ु आर.एल. रे ी) (DUVVURU R.L. REDDY) याियक सद य/JUDICIAL MEMBER चे ई/Chennai, दनांक/Dated: 17 th November, 2021. TLN आदेश क ितिलिप अ ेिषत/Copy to: 1. अपीलाथ /Appellant 4. आयकर आयु /CIT 2. यथ /Respondent 5. िवभागीय ितिनिध/DR 3. आयकर आयु (अपील)/CIT(A) 6. गाड! फाईल/GF