DCIT, Corporate Cir -3(2), CHENNAI v. United Capital Partners (India) P Ltd., CHENNAI

ITA 161/CHNY/2019 | 2009-2010
Pronouncement Date: 31-08-2021 | Result: Dismissed

Appeal Details

RSA Number 16121714 RSA 2019
Assessee PAN AAACU9457G
Bench Chennai
Appeal Number ITA 161/CHNY/2019
Duration Of Justice 2 year(s) 7 month(s) 10 day(s)
Appellant DCIT, Corporate Cir -3(2), CHENNAI
Respondent United Capital Partners (India) P Ltd., CHENNAI
Appeal Type Income Tax Appeal
Pronouncement Date 31-08-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 31-08-2021
Date Of Final Hearing 31-08-2021
Next Hearing Date 31-08-2021
Last Hearing Date 31-08-2021
First Hearing Date 24-05-2021
Assessment Year 2009-2010
Appeal Filed On 21-01-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL B B ENCH CHENNAI . ! . ! ' BEFORE SHRI DUVVURU RL REDDY JUDICIAL MEMBER AND SHRI G. MANJUNATHA ACCOUNTANT MEMBER ./ I.T.A.NO.161/CHNY/2019 ( / ASSESSMENT YEAR: 2009-10) THE DEPUTY COMMISSIONER OF INCOME TAX CORPORATE CIRCLE-3(2) CHENNAI-34. VS M/S. UNITED CAPITAL PARTNERS PVT.LTD. K-27 FLAT NO.6 GOLDEN WINDSOR 1 ST AVENUE ANNA NAGAR EAST CHENNAI - 600 102. PAN: AAACU 9457G ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. G.JOHNSON ADDL.CIT /RESPONDENT BY : MR.ARJUNRAJ C.A FOR S.SRIDHAR ADVOCATE /DATE OF HEARING : 31.08.2021 /DATE OF PRONOUNCEMENT : 31.08.2021 / O R D E R PER G.MANJUNATHA AM: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER PASSED BY THE LEARNED CIT(A)-11 CHENNAI DATE D 15.11.2018 AND PERTAINS TO ASSESSMENT YEAR 2009-10. 2. WE HAVE HEARD THE LEARNED DR AND LEARNED COUNSEL FOR THE ASSESSEE AND ALSO PERUSED THE MATERIALS AVAILA BLE ON RECORD. AT THE TIME OF HEARING LEARNED COUNSEL FOR THE ASSESSEE HAS FILED A LETTER ALONG WITH FORM NO.3 ISSUED BY T HE DEPARTMENT UNDER VIVAD SE VISHWAS SCHEME 2020 AN D SUBMITTED THAT THE ASSESSEE HAS AVAILED THE VSVS SC HEME TO SETTLE ITS PENDING DISPUTES. THE LD.COUNSEL FOR TH E ASSESSEE 2 ITA NO. 161/CHNY/2019 FURTHER SUBMITTED THAT THE DEPARTMENT HAS ACCEPTED APPLICATION FILED BY THE ASSESSEE AND ISSUED FORM 3 QUANTIFYING AMOUNT OF TAXES PAYABLE UNDER VSVS SCHEME. THEREFORE THE LD . COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE APPEAL FILED BY THE REVENUE MAY BE DISMISSED AS WITHDRAWN.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 3. THEREFORE CONSIDERING THE FACT THAT THE ASSESSEE HAS FILED AP PLICATION FOR WITHDRAWAL OF APPEAL AND HAS ALSO FILED FORM 3 ISSU ED BY THE DEPARTMENT WE DISMISS THE APPEAL FILED BY THE REVE NUE AS WITHDRAWN. HOWEVER A LIBERTY IS GIVEN TO THE ASSE SSEE TO RESTORE THE APPEAL IN CASE THE APPLICATION FILED B Y THE ASSESSEE BEFORE THE DESIGNATED AUTHORITY IS REJECTED FOR AN Y REASON. 3. IN THE RESULT THE APPEAL FILED BY THE REVENUE I S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST AUGUST 2021 SD/- SD/- ( . ) ( . ) (DUVVURU RL REDDY) (G.MANJUNATHA) $ & / JUDICIAL MEMBER & / ACCOUNTANT MEMBER $ /CHENNAI ) /DATED 31 ST AUGUST 2021 DS + - /COPY TO: 1. APPELLANT 2. RESPONDENT 3. . () /CIT(A) 4. . /CIT 5. 2 /DR 6. /GF .