ISC INVESTMENT & FINANCE (P) LTD, CHENNAI v. DCIT, COR RANGE-2, , CHENNAI

ITA 3346/CHNY/2018 | 2007-2008
Pronouncement Date: 03-05-2021 | Result: Dismissed

Appeal Details

RSA Number 334621714 RSA 2018
Assessee PAN ADXPA3172H
Bench Chennai
Appeal Number ITA 3346/CHNY/2018
Duration Of Justice 2 year(s) 4 month(s) 27 day(s)
Appellant ISC INVESTMENT & FINANCE (P) LTD, CHENNAI
Respondent DCIT, COR RANGE-2, , CHENNAI
Appeal Type Income Tax Appeal
Pronouncement Date 03-05-2021
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted D
Tribunal Order Date 03-05-2021
Date Of Final Hearing 22-04-2021
Next Hearing Date 22-04-2021
Last Hearing Date 21-05-2019
First Hearing Date 18-01-2021
Assessment Year 2007-2008
Appeal Filed On 06-12-2018
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI ( BEFORE SHRI V. DURGA RAO JUDICIAL MEMBER AND SHRI G. MANJUNATHA ACCOUNTANT MEMBER SL. NO. ./ ITA NUMBER / ASSESSMENT YEAR / APPELLANT )*+ / RESPONDENT 1. 2. 987/CHNY/2020 & 988/CHNY/2020 2011-12 & 2012-13 SHRI ABDUL AZEEZ MOHAMMED FLAT NO.3F PLOT NO.1432 7 TH MAIN ROAD ANNA NAGAR CHENNAI-600 040. [PAN: ADXPA 3172H] THE INCOME TAX OFFICER NON-CORPORATE WARD- 7(1) CHENNAI. / APPELLANT BY : MR. SAROJ KUMAR PARIDA ADVOCATE /RESPONDENT BY : MRS. R. ANITHA JCIT 3. 646/CHNY/2018 2014-15 M/S. SHELAT BROS. 6 KESHAV IYER STREET PARK TOWN CHENNAI-600 003. [PAN: AABFS 4254P] THE ASST . COMMISSIONER INCOME TAX NON-CORPORATE CIRCLE- 6 CHENNAI. / APPELLANT BY : MR. M. KARUNAKARAN ADVOCATE /RESPONDENT BY : MRS. R. ANITHA JCIT 4. 3346/CHNY/2018 2007-08 M/S. ISC INVESTMENT & FINANCE (P.) LTD. (FORMERLY INDIA SWITCH COMPANY (P) LTD.) NO.5 MEZZANINE FLOOR THAPAR HOUSE 37 MONTIETH ROAD EGMORE CHENNAI-600 008. [PAN: AAACI 6337B] THE DEPUTY COMMISSIONER OF INCOME TAX CORPORATE RANGE-2 CHENNAI. / APPELLANT BY : MR. H. YESHWANTH KUMAR C.A /RESPONDENT BY : MRS. R. ANITHA JCIT /DATE OF HEARING : 22.04.2021 /DATE OF PRONOUNCEMENT : 03.05.2021 ITA NOS.987 & 988 /CHNY/2020 ITA NOS.646/CHNY/2018 & 3346 /CHNY/2018 2 / O R D E R PER BENCH : THIS BUNCH OF FOUR APPEALS FILED BY DIFFERENT ASSES SEES ARE DIRECTED AGAINST THE ORDERS OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS) CHENNAI EVEN DATED 16.03.2020 10.10.201 7 & 28.09.2018 FOR RESPECTIVE ASSESSMENT YEARS. 2. WHEN THESE APPEALS WERE TAKEN UP FOR HEARING VI DE LETTERS DATED 29.03.2021 15.04.2021 & 21.04.2021 THE LEARNED CO UNSELS FOR THE ASSESSEES HAVE SUBMITTED THAT THE ASSESSEES HAVE OP TED TO AVAIL THE VIVAD-SE-VISHWAS SCHEME 2020 AND FORM NO.3 WAS ALSO ISSUED IN ALL THE APPEALS. THEY HAVE ALSO SUBMITTED THAT THEY MAY BE PERMITTED TO WITHDRAW THE APPEALS. 3. THE APPEAL IN ITA NO.3346/CHNY/2018 FOR A.Y 2007 -08 THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THE ASSESSEE HAS OPTED TO AVAIL THE VIVAD-SE-VISHWAS SCHEME 2020. IT WAS FURTHER SUBMITTED THAT FORM NO.3 FROM THE DESIGNATED AUTHOR ITY IS YET TO BE ISSUED AND WOULD BE SUBMITTED IN DUE COURSE AND THE SAME SHALL BE FURNISHED AFTER ISSUANCE OF FORM 3. HE HAS FURTHER SUBMITTED THAT THE ASSESSEE MAY BE PERMITTED TO WITHDRAW THE APPEAL. ITA NOS.987 & 988 /CHNY/2020 ITA NOS.646/CHNY/2018 & 3346 /CHNY/2018 3 4. ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPRE SENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEES. 5. WE HAVE HEARD THE COUNSELS FOR THE ASSESSEES THR OUGH VIDEO CONFERENCING PERUSED THE MATERIALS AVAILABLE ON RE CORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 6. IN THESE CASES THE ASSESSEES HAVE OPTED FOR THE VIVAD-SE- VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY HA S ISSUED FORM NO.3 IN THE ALL THE APPEALS EXCEPT IN ITA NO.3346/ CHNY/2018 SINCE THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT FORM 3 WOULD BE SUBMITTED AS AND WHEN IT WAS ISSUED FOR THE SETTLEM ENT OF PENDING TAX DISPUTE. ACCORDINGLY THE ASSESSEES HAVE PRAYED TH AT THEY MAY BE PERMITTED TO WITHDRAW THE APPEALS. 7. IN VIEW OF THE SUBMISSIONS OF THE ASSESSEES THE APPEALS FILED BY THE ASSESSEES ARE PERMITTED TO BE WITHDRAWN. HOWEV ER IT IS OPEN TO THE ASSESSEES TO APPROACH THE TRIBUNAL BY FILING AN APPROPRIATE APPLICATION IN THE EVENT OF ANY INJUSTICE CAUSED TO THE ASSESSEES IN RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO TH E VIVAD-SE-VISHWAS SCHEME 2020. ITA NOS.987 & 988 /CHNY/2020 ITA NOS.646/CHNY/2018 & 3346 /CHNY/2018 4 8. IN THE RESULT ALL THE FOUR APPEALS FILED BY THE ASSESSEES ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 03 RD MAY 2021 AT CHENNAI. SD/ - SD/ - ( ) (G. MANJUNATHA) /ACCOUNTANT MEMBER ( ) ( V. DURGA RAO ) /JUDICIAL MEMBER /CHENNAI /DATED: 03 RD MAY 2021 . EDN SR. P.S /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. /GF