FOSTER WHEELER (GB) LIMITED,CHENNAI vs. DCIT, INTERNATIONAL TAXATION CIRCLE-1(1), CHENNAI

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ITTPA 49/CHNY/2023Status: DisposedITAT Chennai31 January 2025AY 2016-173 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal held that the appeals filed by the assessee were liable to be dismissed as withdrawn. This decision was based on the assessee's successful opting for the Vivad-se-Vishwas Scheme 2024, evidenced by the issuance of Form No. 2 by the Designated Authority for the assessment years under consideration. The Tribunal noted that the revenue did not object to the assessee's request. The ratio decidendi is that once a taxpayer avails the benefit of a tax settlement scheme like Vivad-se-Vishwas and fulfills the conditions, the pending appeals related to those disputes are to be considered withdrawn. The Tribunal also clarified that it remains open for the assessee to approach the Tribunal with an appropriate application if any prejudice arises concerning the settlement under the scheme. The operative direction was to dismiss all the appeals as withdrawn.

What were the facts?

The assessee, Foster Wheeler (GB) Limited, filed appeals before the Income Tax Appellate Tribunal (ITAT), Chennai, challenging assessment orders for Assessment Years (AY) 2011-12, 2013-14, 2014-15, 2015-16, and 2016-17. These orders were passed under Section 143(3) read with Section 147 and Section 144C(13) of the Income Tax Act, 1961. During the hearing, the assessee's representative informed the Tribunal that the assessee had opted to avail the Vivad-se-Vishwas Scheme 2024 and had filed the necessary forms. The revenue's representative did not oppose this submission. The Designated Authority had issued Form No. 2, acknowledging the settlement of pending tax disputes for the relevant assessment years.

What were the issues?

1. Whether the appeals filed by the assessee before the Tribunal are to be treated as withdrawn in light of the assessee opting for the Vivad-se-Vishwas Scheme 2024, as per Section 4 of the Vivad se Vishwas Act, 2020? Assessee's Contention: The assessee argued that having opted for the Vivad-se-Vishwas Scheme 2024 and filed the requisite forms, including Form No. 2 issued by the Designated Authority, the appeals before the Tribunal should be treated as withdrawn. The assessee relied on the provisions of the Vivad se Vishwas Act, 2020, for settlement of tax disputes. Revenue's Contention: The revenue did not oppose the assessee's submission regarding the withdrawal of appeals.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 144C(13),Section 4

AI-generated summary — verify with the full judgment below

Before: Shri S.S. Viswanethra Ravi & Shri Manoj Kumar Aggarwal

Hearing: 31.01.2025Pronounced: 31.01.2025

आयकर अपीलीय अिधकरण, ’डी’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘D’ BENCH, CHENNAI �ी एस.एस. िव�ने� रिव, �ाियक सद� एवं �ी मनोज कुमार अ�वाल, लेखा सद� के सम� । Before Shri S.S. Viswanethra Ravi, Judicial Member & Shri Manoj Kumar Aggarwal, Accountant Member I.T.(TP)A. Nos.45, 47, 48 & 49/Chny/2023 िनधा�रण वष�/Assessment Years: 2011-12, 2014-15, 2015-16 & 2016-17 & आयकर अपील सं./I.T.A. No. 623/Chny/2023 िनधा�रण वष�/Assessment Year: 2013-14

Foster Wheeler (GB) Limited, Vs. The Deputy Commissioner of 6th Floor, Zenith Building, Ascendas Income Tax, IT Park, CSIR Road, Taramani, International Taxation Circle 1(1), Chennai 600 113. Chennai. [PAN: AABCF3459N] (अपीलाथ�/Appellant) (��थ�/Respondent) अपीलाथ� की ओर से / Appellant by : Shri Vinay Jain, Advocate ��थ� की ओर से/Respondent by : Shri P.M. Senthil Kumar, JCIT सुनवाई की तारीख/ Date of hearing : 31.01.2025 घोषणा की तारीख /Date of Pronouncement : 31.01.2025 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER: The appeals in I.T.(TP)A. 45, 47, 48 & 49/Chny/2023 filed by the assessee are directed against the assessment order dated 22.03.2023 passed under section 143(3) r.w.s. 147 r.w.s. 144C(13) of the Income Tax Act, 1961 [“Act” in short] for the assessment years 2011-12, 2014- 15, 2015-16 and order dated 27.03.2023 for the assessment year 2016-17. The appeal in ITA No. 623/Chny/2023 filed by the assessee

2 I.T.(TP)A. Nos.45, 47, 48 & 49/Chny/23 & ITA No. 623/Chny/23 is directed against the order under section 143(3) r.w.s. 144C(13) of the Act dated 22.03.2023 for the assessment year 2013-14.

2.

When these appeal were taken up for hearing, by filing an application along with Form No. 1 under DTVSV 2024, the ld. AR Shri Vinay Jain, C.A. submits that the assessee has opted to avail the Vivad-se-Vishwas Scheme 2024 and Form No. 2 was also filed for the above assessment years under consideration, which was issued by the Designated Authority. He has further submitted that the appeals filed by the assessee may be treated as withdrawn.

3.

The ld. DR Shri P.M. Senthil Kumar, JCIT 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 the Designated Authority issued Form No.2 vide Acknowledgement dated 08.01.2025 for AY 2011-12, 2014-15, 2016-17 and acknowledgement dated 24.01.2025 for AY 2015-16 towards the settlement of pending tax dispute. In view of the above facts and circumstances, the appeal filed by the assessee are 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

3 I.T.(TP)A. Nos.45, 47, 48 & 49/Chny/23 & ITA No. 623/Chny/23 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.

5.

In the result, all the appeals filed by the assessee are dismissed as withdrawn. Order pronounced in the open Court on 31st January, 2025 at Chennai.

Sd/- Sd/- (MANOJ KUMAR AGGARWAL) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER Chennai, Dated, 31.01.2025 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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