RSJ PROPERTIES PVT. LTD., CHENNAI V. ITO CORPORATE WARD 5(3), CHENNAI

MA 297/CHNY/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7848 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 3 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2015-2016
• Appeal Filed On: 02-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

, , IN THE INCOME-TAX APPELLATE TRIBUNAL C BENCH, CHENNAI . , . , BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER M.P. NO. 297/CHNY/2019 [IN I.T.A. NO. 1426/CHNY/2019] / ASSESSMENT YEAR: 2015-16 RSJ PROPERTIES PVT. LTD., UNIT NO. 10B, 3 RD FLOOR, R.A. BUILDING, 72, MARSHALLS ROAD, EGMORE, CHENNAI 600 008. [PAN:AAACR8344M] VS. THE INCOME TAX OFFICER, CORPORATE WARD 5(3), CHENNAI. ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI T. BANUSEKAR, C.A. / RESPONDENT BY : SHRI G. JOHNSON, ADDL. CIT / DATE OF HEARING : 19.03.2021 /DATE OF PRONOUNCEMENT : 19.03.2021 / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER: BY MEANS OF PRESENT MISCELLANEOUS PETITION, THE ASSESSEE SEEKS TO RECALL THE ORDER OF THE TRIBUNAL PASSED IN I.T.A. NO. 1426/CHNY/2019 DATED 14.10.2019 RELEVANT TO THE ASSESSMENT 2015-16. 2. WHEN THE MISCELLANEOUS PETITION WAS TAKEN UP FOR HEARING, BY FILING COPY OF FORM 1, 2 & 3 RELATING TO VSV SCHEME, THE LD. COUNSEL FOR THE ASSESSEE PRAYED FOR PERMISSION TO WITHDRAW THE MP SINCE THE ASSESSEE WISH TO SETTLE THE DISPUTE WITH THE DEPARTMENT UNDER THE VSV SCHEME. AGAINST M.P. NO. 297/CHNY/19 2 THE ABOVE SUBMISSIONS OF THE LD. COUNSEL, THE LD. DR HAS NOT EXPRESSED ANY OBJECTION. 3. WE HAVE HEARD BOTH THE SIDES, PERUSED THE FORM 1, 2 & 3 OF THE ASSESSEE UNDER VSV SCHEME 2020 FOR SETTLING THE TAX LIABILITY IN THE ASSESSMENT YEAR 2015-16. SINCE THE ASSESSEE WOULD LIKE TO SETTLE THE TAX LIABILITY UNDER VSVS AND FILED FORM 1, 2 & 3, THE MISCELLANEOUS PETITION FILED AGAINST THE APPEAL ORDER OF THE TRIBUNAL FOR RECALLING THE TRIBUNALS ORDER IS NOT MAINTAINABLE AND THE SAME IS LIABLE TO BE DISMISSED AS INFRUCTUOUS. THUS, THE MP FILED BY THE ASSESSEE IS DISMISSED AS INFRUCTUOUS. 4. IN THE RESULT, THE MP FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED ON THE 19 TH MARCH, 2021 IN CHENNAI. SD/ - SD/ - (G. MANJUNATHA) ACCOUNTANT MEMBER (DUVVURU RL REDDY) JUDICIAL MEMBER CHENNAI, DATED, 19.03.2021 VM/- /COPY TO: 1. /APPELLANT, 2. / RESPONDENT, 3. ( )/CIT(A), 4. /CIT, 5. /DR & 6. /GF.