MALLES AV GARDENS,CHENNAI vs. ITO, CHENNAI

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ITA 486/CHNY/2017Status: DisposedITAT Chennai22 June 2021AY 2012-134 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal permitted the appeals to be withdrawn as the parties had opted for the Vivad-se-Vishwas Scheme. The decision was made after the Designated Authority issued Form No. 3 for settlement.

What were the facts?

The appeals were filed by the Assessee and the Revenue against orders of the CIT(A) for various assessment years. Both parties opted to avail the Vivad-se-Vishwas Scheme 2020.

What were the issues?

The primary issue was the settlement of pending tax disputes under the Vivad-se-Vishwas Scheme 2020, leading to the withdrawal of appeals.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH: CHENNAI

Before: SHRI V. DURGA RAO & SHRI S. JAYARAMAN

Hearing: 22.06.2021Pronounced: 22.06.2021

Heard together (4 matters)

I.T.A No.816/Chny/2017
I.T.A No.1649/Chny/2017
I.T.A No.486/Chny/2017
I.T.A No.815/Chny/2017

Read from the judgment's own cause title. This page is filed under one of them.

Mr. S. Sridhar, Advocate अपीलाथी की ओर से/ Appellant by : प्रत्यथी की ओर से /Respondent by : Mr. G. Srinivasa Rao, CIT सुनवाई की तारीख/Date of Hearing : 22.06.2021 घोषणा की तारीख /Date of Pronouncement : 22.06.2021 आदेश / O R D E R PER BENCH:

I.T.A. No.816/Chny/2017 is an appeal filed by the Revenue & is an appeal filed by the Assessee against the order of the learned Commissioner of Income Tax (Appeals)-2 in Appeal No.I.T.A. No.91/CIT(A)-2/2012-2013 dated 27.01.2017 & I.T.A. No.231/CIT(A)-2/2015-16 dated 30.05.2017 for the Assessment Year 2012 – 2013 and 2008 – 2009 respectively.

2.

Assessee & is an appeal filed by the Revenue against the & 1649/Chny/2017 & 815/Chny/ 2017 :- 3 -: consolidated order of the learned Commissioner of Income Tax (Appeals)- 2 in Appeal No.I.T.A. No.92/CIT(A)-2/2015-16 dated 27.01.2017 both for the Assessment Year 2012 – 2013.

3.

As far as the merits of the case is concerned, the Assessee/Revenue has opted to avail the Vivad-se-Vishwas Scheme 2020 and Form No.3 issued by the Designated Authority has been received. The learned Counsel for the Assessee has submitted that they may be permitted to withdraw the appeal.

4.

On the other hand the learned Departmental Representative has not raised any objection to the submissions of the learned Counsel for the Assessee.

5.

We have heard both the sides, perused the materials available on record and gone through the orders of the authorities below.

6.

In this case, the Assessee/Revenue has opted for the Vivad-se- Vishwas Scheme 2020 and the Designated Authority has issued Form No.3 for the settlement of pending tax dispute. Accordingly, he prayed that they may be permitted to withdraw the appeal. & 1649/Chny/2017 & 815/Chny/ 2017 :- 4 -: 7. In view of the submissions of the Assessee/Revenue, the appeals are permitted to be withdrawn. However, it is open to the Assessee/Revenue to approach the Tribunal by filing an appropriate application in the event of any injustice caused in respect of the settlement of dispute relating to the Vivad-se-Vishwas Scheme 2020.

8.

In the result, all the four appeals of the Assessee in & Revenue in I.T.A. No. 815/Chny/2017 & I.T.A. No.816/Chny/2017 respectively are dismissed as withdrawn. Order pronounced on 22nd June, 2021 in Chennai.

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