Oasys Cybernatics Pvt Ltd(formerly Omne Agate Systems Private Ltd), CHENNAI v. ACIT, CHENNAI

ITA 323/CHNY/2019 | 2009-2010
Pronouncement Date: 31-08-2021 | Result: Dismissed

Appeal Details

RSA Number 32321714 RSA 2019
Assessee PAN AAACO3548G
Bench Chennai
Appeal Number ITA 323/CHNY/2019
Duration Of Justice 2 year(s) 6 month(s) 18 day(s)
Appellant Oasys Cybernatics Pvt Ltd(formerly Omne Agate Systems Private Ltd), CHENNAI
Respondent ACIT, CHENNAI
Appeal Type Income Tax Appeal
Pronouncement Date 31-08-2021
Appeal Filed By Assessee
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 23-08-2021
First Hearing Date 01-04-2021
Assessment Year 2009-2010
Appeal Filed On 11-02-2019
Judgment Text
./ ITA NOS.323 & 324/CHNY/2019 /ASSESSMENT YEARS: 2009-10 & 2010-11 M/S.OASYS CYBERNETICS PVT. LTD. (FORMERLY KNOWN AS M/S.OMNE AGATE SYSTEMS PVT. LTD.) NO.99 M.N.COMPLEX 2 ND FLOOR GREAMS ROAD CHENNAI-600 006. VS. THE ASST. COMMISSIONER OF INCOME TAX CORPORATE CIRCLE-5(1) CHENNAI. [PAN: AAACO 3548 G] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. ARJUN RAJ CA FOR MR.S.SRIDHAR ADV. /RESPONDENT BY : MR. G.JOHNSON ADDL.CIT /DATE OF HEARING : 31 .0 8 .2021 /DATE OF PRONOUNCEMENT : 31 . 08 .2021 / O R D E R PER DUVVURU RL REDDY JUDICIAL MEMBER: THE ASSESSEE FILED THESE APPEALS AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-3 CHENNAI IN ITA NO.38/2011- 12/A-3 & IN ITA NO.43/2013-14/A-3 DATED 11.01.2019 FOR THE AYS 2009 -10 & 2010-11. 2. WHEN THESE APPEALS WERE TAKEN UP FOR HEARING TH E LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HAS OPTED TO AVAIL THE VIVAD-SE-VISHWAS SCHEME 2020 AND FORM NO.3 WERE ALSO ISSUED. IT HAS SUBMITTED THAT IT MAY BE PERMITTED TO WITHDRAW THE APPEALS. 3. ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPR ESENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEARNED COU NSEL FOR THE ASSESSEE. IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI . . . BEFORE SHRI DUVVURU R.L. REDDY JUDICIAL MEMBER AND SHRI G. MANJUNATHA ACCOUNTANT MEMBER ITA NOS.323 & 324/CHNY/2019 :: 2 :: 4. WE HAVE HEARD BOTH THE SIDES PERUSED THE MATERI ALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELO W. 5. IN THESE CASES THE ASSESSEE HAS OPTED FOR THE V IVAD-SE-VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY HAS ISSUED FORM N O.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. ACCORDINGLY IT PRAYED THAT I T MAY BE PERMITTED TO WITHDRAW THE APPEALS. 6. IN VIEW OF THE SUBMISSIONS OF THE ASSESSEE THE APPEALS FILED BY THE ASSESSEE ARE PERMITTED TO BE WITHDRAWN. HOWEVER I T IS OPEN TO THE ASSESSEE TO APPROACH THE TRIBUNAL BY FILING AN APPROPRIATE APPL ICATION IN THE EVENT OF ANY INJUSTICE CAUSED TO THE ASSESSEE IN RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO THE VIVAD-SE-VISHWAS SCHEME 2020. 7. IN THE RESULT THE APPEALS OF THE ASSESSEE IN IT A NOS.323 & 324/CHNY/2019 ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 31 ST DAY OF AUGUST 2021 IN CHENNAI. S D/ - S D/ - ( . ) ( G. MANJUNATHA ) /ACCOUNTANT MEMBER ( . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER /CHENNAI /DATED: 31 ST AUGUST 2021. TLN /COPY TO: 1. /APPELLANT 4. ' /CIT 2. /RESPONDENT 5. /DR 3. ' ( ) /CIT(A) 6. /GF