ITO, NCW - 1 (1), CHENNAI vs. M/S. ALFA INVESTMENTS, CHENNAI

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ITA 281/CHNY/2020Status: DisposedITAT Chennai06 January 2021AY 2011-124 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the Vivad-se-Vishwas Scheme and both parties agreed to withdraw the appeals. Consequently, the appeals filed by the Revenue were dismissed as withdrawn.

What were the facts?

The Revenue filed appeals against the orders of the CIT(A) for assessment years 2010-11 and 2011-12. The assessee opted for the Vivad-se-Vishwas Scheme and had either paid taxes or was in the process of payment.

What were the issues?

Whether the Revenue's appeals should be dismissed as withdrawn due to the assessee's participation in the Vivad-se-Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI

Before: SHRI V. DURGA RAO & SHRI G. MANJUNATHA

Hearing: 06.01.2021Pronounced: 06.01.2021

आयकर अपीलीय अधधकरण, ‘ए’ न्यायपीठ, चेन्नई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH: CHENNAI श्री वी दुगाा राव, न्याधयक सदस्य एवं श्री जी मंजूनाथा, लेखा सदस्य के समक्ष BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER & 281/Chny/2020 (Assessment Years: 2010–11 & 2011-12) Income Tax Officer, M/s. ALFA Investments, Door No.10 & 11, 4th Floor, Non-Corporate Ward – 1(1), Vs. Room No.305, Chennai City Centre, Wanaparthy Block, 3rd Floor, Dr. Radhakrishnan Salai, 121, Mahatma Gandhi Road, Mylapore, Nungambakkam, Chennai – 600 004. Chennai – 600 034. PAN :AATFA 1690D (अपीलार्थी/Appellant) (प्रत्यथी/Respondent) अपीलाथी की ओर से/ Appellant by : Mr. G. Chandrababu, Addl. CIT प्रत्यथी की ओर से /Respondent by : Mr. V. Padmanaban, C.A सुनवाई की तारीख/Date of Hearing : 06.01.2021 घोषणा की तारीख /Date of Pronouncement : 06.01.2021 आदेश / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER:

These appeals filed by the Revenue are directed against the order of the learned Commissioner of Income Tax (Appeals)-2, Chennai in & 25/CIT(A)-2/2018-19; dated 19.11.2019 and 26.11.2019 respectively pertaining to assessment years 2010–11 and 2011-12.

I.T.A No.280 & 281/Chny/2020 I.T.A. Nos.280/Chny/2020 :

2.

When this appeal was taken up for hearing, vide letter dated 24.09.2020, the learned Counsel for the Assessee has submitted that the Assessee has opted to avail the Vivad-se-Vishwas Scheme 2020 and Form No.3 was also issued by the Designated Authority. It was further a submission that the Assessee had already paid taxes for the relevant Assessment Year 2010-2011 and received Form No.3. Therefore, he has submitted that this appeal filed by the Revenue may be dismissed as withdrawn.

3.

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

4.

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

5.

In this case, the Assessee 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. The learned Counsel for I.T.A No.280 & 281/Chny/2020 the assessee as well as the Departmental Representative have agreed to withdraw the appeal filed by the Revenue. Hence, the appeal filed by the Revenue is dismissed as withdrawn. :

6.

When this appeal was taken up for hearing, vide letter dated 24.09.2020, the learned Counsel for the Assessee has submitted that the Assessee has opted to avail the Vivad-se-Vishwas Scheme 2020 and also Form No.3 is received and the Assessee is in the process of payment of taxes. Therefore, he has submitted that this appeal filed by the Revenue may be dismissed as withdrawn.

7.

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

8.

In this case, the Assessee has opted for the Vivad-se-Vishwas Scheme 2020 and is in the process of payment of taxes. The Departmental Representative prayed that the Assessee may be permitted to withdraw the appeal. Hence, the appeal filed by the Revenue is dismissed as withdrawn.

I.T.A No.280 & 281/Chny/2020

9.

In the result, the appeals of the Revenue in & 281/Chny/2020 are dismissed as withdrawn.

Order pronounced on 6th January, 2021 in Chennai.

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