G.Palaniswame, CHENNAI V. ACIT, Coimbatore

ITA 817/CHNY/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2527 (ITAT-CHENNAI)
• Duration Of Justice: 4 year(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 04-04-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI , , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./ ITA NO.817/CHNY/2017 /ASSESSMENT YEAR: 2008-09 SHRI G. PALANISWAME, 7/26, AVINASHI ROAD, CIVIL AERODROME (PO), COIMBATORE 641 014. [PAN: AIBPP 2484J] VS. THE ASST. COMMISSIONER OF INCOME TAX, NON CORPORATE CIRCLE-1, COIMBATORE. ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. I. DINESH, ADVOCATE /RESPONDENT BY : MR. SURESH PERIASAMY, JCIT /DATE OF HEARING : 08.04.2021 / DATE OF PRONOUNCEMENT : 08.04.2021 / 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)-2, COIMBATORE IN ITA NO.A401/13-14 DATED 30.12.2016 RELEVANT TO THE ASSESSMENT YEAR 2008-09. 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, VIDE L ETTER DATED 07.04.2021, THE LEARNED COUNSEL FOR THE ASSESSEE HA S SUBMITTED THAT I.T.A NO.817/CHNY/2017 :- 2 -: THE ASSESSEE HAS OPTED TO AVAIL THE VIVAD-SE-VISHWA S SCHEME 2020 AND FORM NO.3 WAS ALSO ISSUED. THE LEARNED COUNSEL FOR THE ASSESSEE HAS ALSO SUBMITTED THAT HE MAY BE PERMITTE D TO WITHDRAW 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 THROUGH VIDEO CONFE RENCING, 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 VIV AD-SE-VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY HAS ISSUED FORM NO.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. ACCORDINGLY , HE PRAYED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 6. IN VIEW OF THE SUBMISSIONS OF THE ASSESSEE, THE APPEAL FILED BY THE ASSESSEE IS PERMITTED TO BE WITHDRAWN. HOWEVER, IT IS OPEN TO THE ASSESSEE TO APPROACH THE TRIBUNAL BY FILING AN APPR OPRIATE APPLICATION IN THE EVENT OF ANY INJUSTICE CAUSED TO THE ASSESSE E IN RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO THE VIVAD-SE-VISH WAS SCHEME 2020. I.T.A NO.817/CHNY/2017 :- 3 -: 7. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 08 TH APRIL, 2021 IN CHENNAI. SD/ - SD/ - ( & ) (G. MANJUNATHA) ' /ACCOUNTANT MEMBER ( ) (V. DURGA RAO) /JUDICIAL MEMBER /CHENNAI, /DATED: 08 TH APRIL, 2021 . EDN, SR. P.S /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. /GF