SHRI ABDUL AZEEZ MOHAMMAD, CHENNAI V. THE INCOMETAX OFFICER,NON CORPORATE,WARD-7(1), CHENNAI

ITA 987/CHNY/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2376 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 31-12-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI , , ( BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER SL. NO. ./ ITA NUMBER / ASSESSMENT YEAR / APPELLANT )*+ / RESPONDENT 1. 2. 987/CHNY/2020 & 988/CHNY/2020 2011-12 & 2012-13 SHRI ABDUL AZEEZ MOHAMMED, FLAT NO.3F, PLOT NO.1432, 7 TH MAIN ROAD, ANNA NAGAR, CHENNAI-600 040. [PAN: ADXPA 3172H] THE INCOME TAX OFFICER, NON-CORPORATE WARD- 7(1), CHENNAI. / APPELLANT BY : MR. SAROJ KUMAR PARIDA, ADVOCATE /RESPONDENT BY : MRS. R. ANITHA, JCIT 3. 646/CHNY/2018 2014-15 M/S. SHELAT BROS., 6, KESHAV IYER STREET, PARK TOWN, CHENNAI-600 003. [PAN: AABFS 4254P] THE ASST . COMMISSIONER INCOME TAX, NON-CORPORATE CIRCLE- 6, CHENNAI. / APPELLANT BY : MR. M. KARUNAKARAN, ADVOCATE /RESPONDENT BY : MRS. R. ANITHA, JCIT 4. 3346/CHNY/2018 2007-08 M/S. ISC INVESTMENT & FINANCE (P.) LTD., (FORMERLY INDIA SWITCH COMPANY (P) LTD.) NO.5, MEZZANINE FLOOR, THAPAR HOUSE, 37, MONTIETH ROAD, EGMORE, CHENNAI-600 008. [PAN: AAACI 6337B] THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE RANGE-2, CHENNAI. / APPELLANT BY : MR. H. YESHWANTH KUMAR, C.A /RESPONDENT BY : MRS. R. ANITHA, JCIT /DATE OF HEARING : 22.04.2021 /DATE OF PRONOUNCEMENT : 03.05.2021 ITA NOS.987 & 988 /CHNY/2020 ITA NOS.646/CHNY/2018 & 3346 /CHNY/2018 2 / O R D E R PER BENCH : THIS BUNCH OF FOUR APPEALS FILED BY DIFFERENT ASSES SEES ARE DIRECTED AGAINST THE ORDERS OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS), CHENNAI EVEN DATED 16.03.2020, 10.10.201 7 & 28.09.2018 FOR RESPECTIVE ASSESSMENT YEARS. 2. WHEN THESE APPEALS WERE TAKEN UP FOR HEARING, VI DE LETTERS DATED 29.03.2021, 15.04.2021 & 21.04.2021, THE LEARNED CO UNSELS FOR THE ASSESSEES HAVE SUBMITTED THAT THE ASSESSEES HAVE OP TED TO AVAIL THE VIVAD-SE-VISHWAS SCHEME 2020 AND FORM NO.3 WAS ALSO ISSUED IN ALL THE APPEALS. THEY HAVE ALSO SUBMITTED THAT THEY MAY BE PERMITTED TO WITHDRAW THE APPEALS. 3. THE APPEAL IN ITA NO.3346/CHNY/2018 FOR A.Y 2007 -08, THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THE ASSESSEE HAS OPTED TO AVAIL THE VIVAD-SE-VISHWAS SCHEME 2020. IT WAS FURTHER SUBMITTED THAT FORM NO.3 FROM THE DESIGNATED AUTHOR ITY IS YET TO BE ISSUED AND WOULD BE SUBMITTED IN DUE COURSE AND THE SAME SHALL BE FURNISHED AFTER ISSUANCE OF FORM 3. HE HAS FURTHER SUBMITTED THAT THE ASSESSEE MAY BE PERMITTED TO WITHDRAW THE APPEAL. ITA NOS.987 & 988 /CHNY/2020 ITA NOS.646/CHNY/2018 & 3346 /CHNY/2018 3 4. ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPRE SENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEES. 5. WE HAVE HEARD THE COUNSELS FOR THE ASSESSEES THR OUGH VIDEO CONFERENCING, PERUSED THE MATERIALS AVAILABLE ON RE CORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 6. IN THESE CASES, THE ASSESSEES HAVE OPTED FOR THE VIVAD-SE- VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY HA S ISSUED FORM NO.3 IN THE ALL THE APPEALS, EXCEPT IN ITA NO.3346/ CHNY/2018 SINCE, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT FORM 3 WOULD BE SUBMITTED AS AND WHEN IT WAS ISSUED FOR THE SETTLEM ENT OF PENDING TAX DISPUTE. ACCORDINGLY, THE ASSESSEES HAVE PRAYED TH AT THEY MAY BE PERMITTED TO WITHDRAW THE APPEALS. 7. IN VIEW OF THE SUBMISSIONS OF THE ASSESSEES, THE APPEALS FILED BY THE ASSESSEES ARE PERMITTED TO BE WITHDRAWN. HOWEV ER, IT IS OPEN TO THE ASSESSEES TO APPROACH THE TRIBUNAL BY FILING AN APPROPRIATE APPLICATION IN THE EVENT OF ANY INJUSTICE CAUSED TO THE ASSESSEES IN RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO TH E VIVAD-SE-VISHWAS SCHEME 2020. ITA NOS.987 & 988 /CHNY/2020 ITA NOS.646/CHNY/2018 & 3346 /CHNY/2018 4 8. IN THE RESULT, ALL THE FOUR APPEALS FILED BY THE ASSESSEES ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 03 RD MAY, 2021 AT CHENNAI. SD/ - SD/ - ( ) (G. MANJUNATHA) /ACCOUNTANT MEMBER ( ) ( V. DURGA RAO ) /JUDICIAL MEMBER /CHENNAI, /DATED: 03 RD MAY, 2021 . EDN, SR. P.S /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. /GF