M/S. ELEGENT ESTATES, CHENNAI V. ACIT NON-CORPORATE CIRCLE 15(1), CHENNAI

ITA 960/CHNY/2020

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 6231 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 8 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-08-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 02-12-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

आयकरअपीलसं./ITA No.960/Chny/2020 िनधा रणवष /Assessment Year: 2010-11 M/s.Elegant Estates, No.1B/3, First Main Road, Gandhi Nagar, Adyar, Chennai-600 020. v. The Asst. Commissioner- of Income Tax, Non-Corporate Circle-15(1), Chennai. [PAN:AACFE 1274 G] (अपीलाथ /Appellant) ( यथ /Respondent) अपीलाथ क ओर से/ Appellant by : Mr.G.Tarun, Adv. for Mr.R.Sivaraman, Adv. यथ क ओर से /Respondent by : Mr.Hema Bhupal, JCIT सुनवाईक तारीख/Date of Hearing : 17.08.2022 घोषणाक तारीख /Date of Pronouncement : 17.08.2022 आदेश / O R D E R PER DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER: This appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Appeals)-15, Chennai, dated 26.02.2018 and pertains to assessment year 2010-11. 2. We have heard learned counsel for the assessee and learned DR and also perused the materials available on record. At the time of hearing, learned counsel for the assessee has filed Form No.5 issued by the Department under ‘Direct Tax Vivad se Vishwas Scheme, 2020’ and submitted that the assessee has availed the VSV scheme to settle its आयकर अपीलीय अिधकरण, ’सी’ यायपीठ, चे ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH: CHENNAI ी महावीर िसंह, उपा ,एवं डॉ। दीपक पी. रपोटे, लेखा सद के सम BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER ITA No.960/Chny/2020 :: 2 :: pending disputes. The ld. counsel for the assessee further submitted that the Department has accepted application filed by the assessee and issued Form No.5 quantifying amount of taxes payable under DT VSV scheme. Therefore, the ld. counsel for the assessee submitted that the appeal filed by the assessee may be dismissed as withdrawn. The ld. DR, on the other hand, has no objection for dismissing the appeal as the Designated Authority has issued Form No.5. Therefore, considering fact that the assessee has filed application for withdrawal of appeal and has also filed Form No.5 issued by the Department, we dismiss appeal filed by the assessee as withdrawn. However, a liberty is given to the assessee to restore the appeal, in case application filed by the assessee before the Designated Authority, is rejected for any reason. 3. In the result, appeal filed by the assessee is dismissed as withdrawn. Order pronounced on the 17 th day of August, 2022, in Chennai. Sd/- (महावीर िसंह) (MAHAVIR SINGH) उपा /VICE PRESIDENT Sd/- (डॉ। दीपक पी. रपोटे) (DR. DIPAK P. RIPOTE) लेखासद य/ACCOUNTANT MEMBER चे ई/Chennai, !दनांक/Dated: 17 th August, 2022. TLN आदेशक ितिलिपअ&ेिषत/Copy to: 1. अपीलाथ /Appellant 4. आयकरआयु'/CIT 2. यथ /Respondent 5. िवभागीय ितिनिध/DR 3. आयकरआयु' (अपील)/CIT(A) 6. गाड फाईल/GF