Vinodh Kumar Jain and Sons, CHENNAI V. ITO Non Corporate Ward 9(1), CHENNAI

ITA 935/CHNY/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3086 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 2 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 05-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . , ! , , ! BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER /. I.T.A. NO: 935/CHNY/2019 / ASSESSMENT YEAR : 2015-16 M/S. VINODH KUMAR JAIN AND SONS, NO. 7, ANNA STREET, KANNIKAPURA, AVADI, CHENNAI 600 054. [PAN: AACHV 7773D] VS. INCOME TAX OFFICER, NON-CORPORATE WARD -9(1), CHENNAI. ( / APPELLANT) ( / RESPONDENT) () / APPELLANT BY : NONE ,-() / RESPONDENT BY : SHRI. G. JOHNSON, ADDL. CIT ) /DATE OF HEARING : 20.04.2021 ) /DATE OF PRONOUNCEMENT : 15.06.2021 / O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER: THE ASSESSEE FILED THIS APPEAL AGAINST THE ORD ER OF THE COMMISSIONER OF INCOME TAX (APPEALS)- 10, CHENNAI IN ITA NO. 95/17 -18/CIT(A)-10 DATED 11.12.2018 FOR THE ASSESSMENT YEAR 2015-16. 2. AT THE TIME OF HEARING, NONE APPEARED FOR THE AS SESSEE BUT THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED A LETTER DAT ED 05.04.2021 STATING, INTER ITA NO.935/CHNY/2019 :- 2 -: ALIA, THAT THE ASSESSEE WANTED TO UTILIZE THE DIREC T TAXES VIVAD SE VISHWAS SCHEME, 2020 TO SETTLE PENDING DISPUTE RELATING TO DIRECT TAXES AND IN THIS REGARD THE ASSESSEE HAS FILED FORM NO. 1 AND FORM 2 AND OBTAINED FORM NO. 3 FROM THE DESIGNATED AUTHORITY. 3. THE BENCH HAS CONSIDERED THE MATERIAL. SINCE TH E ASSESSEE SUBMITS THAT HE HAS FILED DECLARATION IN FORM NO.1 ALONG WITH UN DERTAKING WAIVING RIGHTS FOR ANY REMEDY IN FORM NO. 2 TO THE DESIGNATED AUTHORIT Y AND OBTAINED FORM NO.3 AND SEEKS WITHDRAWAL OF APPEAL, THEREFORE, WE DISMI SS THE APPEAL FILED BY THE ASSESSEE, SUPRA, AS WITHDRAWN. HOWEVER, LIBERTY IS GIVEN TO THE ASSESSEE TO RESTORE THE APPEAL, IN THE EVENT OF THE DESIGNATED AUTHORITY, FOR ANY REASON REJECT THE APPLICATION FILED BY THE ASSESSEE UNDER SECTION 4 OF THE SAID ACT. WE, FURTHER MAKE IT CLEAR THAT IF THE ASSESSEE HAS FOR ANY REAS ON OPTED OUT FROM THE SCHEME OR THE APPLICANT UNDER THE SCHEME MISREPRESENT ANY FACT WHICH RESULTED IN REJECTION OF APPLICATION FILED UNDER THE SCHEME, TH EN THE PROVISIONS OF SECTION 4(6) OF THE ACT, SHALL BE APPLICABLE TO ALL SUCH APPEALS AND IN SUCH CASES, ALL THE PROCEEDINGS AND THE CLAIMS WHICH WERE WITHDRAWN UND ER SECTION 4 AND ALL THE CONSEQUENCES UNDER THE INCOME TAX ACT AGAINST THE D ECLARANT SHALL BE DEEMED TO HAVE BEEN REVIVED. WE, FURTHER MAKE IT CLEAR THAT THE ASSESSEE SHOULD PROMPTLY INFORM THE ASSESSING OFFICER ABOUT THEIR DECISION T O OPT OUT OF THE SCHEME OR REJECTION OF APPLICATION BY THE DESIGNATED AUTHORIT Y TO THE ASSESSING OFFICER, SO AS TO ENABLE TO FILE MISCELLANEOUS APPLICATION TO REST ORE THE APPEAL. ITA NO.935/CHNY/2019 :- 3 -: 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 15 TH JUNE, 2021 AT CHENNAI. SD/- ( . ' ) (DUVVURU RL REDDY) $% /JUDICIAL MEMBER SD/- ( ) (S. JAYARAMAN) % /ACCOUNTANT MEMBER /CHENNAI, 2 /DATED: 15 TH JUNE , 2021 JPV ),4565 /COPY TO: 1. ( / APPELLANT 2. ,-( /RESPONDENT 3. 7 ) ( /CIT(A) 4. 7 /CIT 5. 5, /DR 6. : /GF