ACIT, CHENNAI V. Textile Dye Chem Corporation, CHENNAI

ITA 913/CHNY/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6120 (ITAT-CHENNAI)
• Duration Of Justice: 5 year(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 1999-2000
• Appeal Filed On: 08-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: FILING FORM NOS; LD H

Judgement Text

/ DATE OF HEARING : 23-03-2021 / DATE OF PRONOUNCEMENT : 19-04-2021 / O R D E R PER DUVVURU R.L.REDDY, JUDICIAL MEMBER: THIS APPEAL FILED BY THE REVENUE IS AGAINST THE ORDER O F THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-10, CHENNA I, IN ITA NO.897/CIT(A)-10/2013-14 DATED 29.01.2016 RELEV ANT TO THE ASSESSMENT YEAR 1999-2000. 2. WHEN THIS APPEAL WAS TAKEN UP FOR HEARING, BY FILING FORM NOS.1 & 2, THE LD.COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT , , 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. AY APPELLANT RESPONDENT 913/CHNY/2016 1999- 2000 THE ASST. COMMISSIONER OF INCOME TAX, NON-CORPORATE CIRCLE-9, CHENNAI. M/S.TEXTILE DYE CHEM CORPORATION, NO.2/9, ANNAI NAGAMMAL STREET, RA PURAM, CHENNAI. (PAN: AAAFT 0387 R) DEPARTMENT BY : MR.G. JOHNSON, ADDL.CIT ASSESSEE BY : MR.S. SRIDHAR, ADV. ITA NO.913/CHNY/2016 :: 2 :: THE ASSESSEE HAS OPTED TO AVAIL THE VIVAD-SE-VISHWAS SC HEME 2020. IT WAS FURTHER SUBMISSION THAT FORM NO.3 FROM THE DESIGNATED AUTHORITY IS YET TO BE ISSUED AND WOULD BE SUB MITTED IN DUE COURSE AND THE SAME SHALL BE FURNISHED AFTER ISSUA NCE OF FORM NO.3. IT HAS FURTHER SUBMITTED THAT THE ASSESSEE MA Y BE PERMITTED TO WITHDRAW THE APPEAL. 3. ON THE OTHER HAND, THE LD.DR HAS NOT RAISED ANY OBJECTIO N TO THE SUBMISSIONS OF THE REVENUE. 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 FILED FORM NOS.1&2 AND THE DESIGNATED AUTHORITY IS YET TO ISSUE FORM NO.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. SINCE THE ASSESSEE HAS SUBMITTED THAT FORM NO.3 WOULD BE SUBMITTED AS AND WHEN IT IS ISSUED AND PRAYED THE ASSESSEE TO WITHDRAW THE APPEAL, THE LD.DR HAS FAIRLY CONCEDED FOR THE ABOVE SUBMISSIONS OF THE LD.COUNSEL FOR T HE ASSESSEE. HOWEVER, IT IS OPEN TO THE REVENUE TO APPROA CH THE TRIBUNAL BY FILING AN APPROPRIATE APPLICATION IN THE EVE NT OF ANY ITA NO.913/CHNY/2016 :: 3 :: INJUSTICE CAUSED TO THE REVENUE IN RESPECT OF THE SETTLE MENT OF DISPUTE RELATING TO THE VIVAD-SE-VISHWAS SCHEME 2020. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IN ITA NO.913/CHNY/2016 IS DISMISSED. ORDER PRONOUNCED ON THE 19 TH DAY OF APRIL, 2021, IN CHENNAI. S D/ - S D/ - ( . ) (S. JAYARAMAN) /ACCOUNTANT MEMBER ( . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER /CHENNAI, /DATED: 19 TH APRIL, 2021. TLN /COPY TO: 1. /APPELLANT 4. /CIT 2. /RESPONDENT 5. /DR 3. ( ) /CIT(A) 6. ! /GF