GE POWER CONVERSION INDIA PVT. LTD.,CHENNAI vs. ITO, CORPORATE WARD-2(3), CHENNAI

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ITTPA 59/CHNY/2024Status: DisposedITAT Chennai22 July 2025AY 2020-213 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal held that the assessee had opted for the Vivad-se-Vishwas Scheme 2024 and had filed Form No. 2 with acknowledgement number 156401721170625 dated 17.06.2025 for AY 2020-21, towards settlement of the pending tax dispute. In view of these facts, the Tribunal found that the appeal filed by the assessee was liable to be dismissed as withdrawn, as prayed by the assessee's counsel. The Tribunal also noted that it was open to the assessee to approach the Tribunal by filing an appropriate application if any prejudice was caused concerning the settlement of the tax dispute under the Vivad-se-Vishwas Scheme 2024. Accordingly, the appeal was dismissed as withdrawn.

What were the facts?

The assessee, GE Power Conversion India Private Limited, filed an appeal before the Income Tax Appellate Tribunal (ITAT), Chennai, against an order dated 25.07.2024 passed under section 143(3) r.w.s. 144C(13) r.w.s. 144B of the Income Tax Act, 1961, for the assessment year 2020-21. During the hearing on 22.07.2025, the assessee's counsel submitted a letter dated 02.07.2025 along with Form No. 1 under the Vivad-se-Vishwas Scheme 2024, indicating the assessee's decision to avail the scheme. The assessee requested that the appeal be treated as withdrawn. The revenue did not oppose this submission.

What were the issues?

1. Whether the appeal filed by the assessee for Assessment Year 2020-21 should be dismissed as withdrawn, in light of the assessee opting for the Vivad-se-Vishwas Scheme 2024? Assessee's Contention: The assessee, through its authorized representative, submitted that it has opted to avail the Vivad-se-Vishwas Scheme 2024 and has filed the necessary forms (Form No. 1 and Form No. 2) for the assessment year under consideration. Consequently, the assessee requested that the pending appeal be treated as withdrawn. Revenue's Contention: The revenue's representative, the learned CIT, did not oppose the submissions made by the assessee's counsel.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13),Section 144B

AI-generated summary — verify with the full judgment below

Before: Shri S.S. Viswanethra Ravi & Shri Jagadish

Hearing: 22.07.2025Pronounced: 22.07.2025

आयकर अपीलीय अिधकरण, ’डी’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘D’ BENCH, CHENNAI �ी एस.एस. िव�ने� रिव, �ाियक सद� एवं �ी जगदीश, लेखा सद� के सम� । Before Shri S.S. Viswanethra Ravi, Judicial Member & Shri Jagadish, Accountant Member आयकर अपील सं./I.T.(TP)A. No.59/Chny/2024 िनधा�रण वष�/Assessment Year: 2020-21 GE Power Conversion India Private Vs. The Income Tax Officer, Limited, Plot No. 29 SP, 2nd Floor, Corporate Ward 2(3), Ramnath Towers, Thiru Vi Ka Industrial Chennai. Estate, Ekkatuthangal, Guindy, Chennai 600 032. [PAN:AADCC1026E] (अपीलाथ�/Appellant) (��थ�/Respondent) अपीलाथ� की ओर से / Appellant by : Shri Vinay Jain, CA ��थ� की ओर से/Respondent by : Shri AR. V. Sreenivasan, CIT सुनवाई की तारीख/ Date of hearing : 22.07.2025 घोषणा की तारीख /Date of Pronouncement : 22.07.2025 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:

This appeal filed by the assessee is directed against the order dated 25.07.2024 passed under section 143(3) r.w.s. 144C(13) r.w.s. 144B of the Income Tax Act, 1961 [“Act” in short] for the assessment year 2020-21.

2.

When the appeal was taken up for hearing, by filing a letter dated 02.07.2025 along with Form No. 1 under DTVSV 2024, the ld. AR Shri

2 I.T.(TP)A. No.59/Chny/24

Vinay Jain, CA submits that the assessee has opted to avail the Vivad- se-Vishwas Scheme 2024 and also filed Form No. 2 for the above assessment year under consideration issued by the Designated Authority. He has further submitted that the appeal filed by the assessee may be treated as withdrawn.

3.

The ld. DR Shri AR. V. Sreenivasan, CIT did not oppose to the submissions of the ld. AR.

4.

Having heard both the parties, we note that the assessee opted for the Vivad-se-Vishwas Scheme 2024 and filed Form No.2 vide Acknowledgement No. 156401721170625 dated 17.06.2025 for AY 2020-21 towards settlement of pending tax dispute. In view of the above facts and circumstances, the appeal filed by the assessee is liable to be dismissed as withdrawn as prayed by the ld. AR. However, it is open to the assessee to approach the Tribunal by filing an appropriate application in the event of any prejudice caused in respect of the settlement of tax dispute under the Vivad-se-Vishwas Scheme 2024. Thus, the appeal filed by the assessee is dismissed as withdrawn.

3 I.T.(TP)A. No.59/Chny/24

5.

In the result, the appeal filed by the assessee is dismissed. Order pronounced in the open Court on 22nd July, 2025 at Chennai.

Sd/- Sd/- (JAGADISH) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER Chennai, Dated, 22.07.2025 Vm/- आदेश की �ितिलिप अ�ेिषत/Copy to: 1. अपीलाथ�/Appellant, 2.��थ�/ Respondent, 3. आयकर आयु�/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय �ितिनिध/DR & 5. गाड� फाईल/GF.

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