OPG POWER GENERATION PRIVATE LIMITED ,TIRUVALLUR vs. ACIT, CENTRAL CIRCLE-1(1), CHENNAI, CHENNAI

PDF · subscribers
ITTPA 36/CHNY/2024Status: DisposedITAT Chennai09 January 2025AY 2020-212 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had opted for resolution of the dispute under the Direct Tax Vivad Se Vishwas Scheme, 2024, as evidenced by the filing of Form No.1 and the issuance of Form No.2. Consequently, the Tribunal treated the appeal as dismissed as withdrawn. The assessee was granted liberty to seek restoration of the appeal if the resolution under the Vivad Se Vishwas Scheme failed. The operative direction was to dismiss the appeal as withdrawn. No specific issue was left undecided; the entire appeal was disposed of based on the assessee's decision to opt for the scheme.

What were the facts?

The assessee, M/s. OPG Power Generation Private Limited, filed an appeal before the Income Tax Appellate Tribunal (ITAT), Chennai, challenging the final assessment order dated 30.07.2024, passed by the Assistant Commissioner of Income Tax, Central Circle 1(1), Chennai. This order was issued for the assessment year 2020-2021, pursuant to directions from the Dispute Resolution Panel-2, Bengaluru, dated 25.06.2024. The appeal was filed under Section 143(3) read with Section 144C(13) of the Income Tax Act, 1961. At the outset of the hearing, the assessee's counsel submitted a letter indicating the intention to withdraw the appeal to avail benefits under the Direct Tax Vivad Se Vishwas Scheme, 2024. The assessee had already filed Form No.1 under the scheme on 28.10.2024, and Form No.2 was issued on 13.12.2024.

What were the issues?

1. Whether the assessee is entitled to withdraw the appeal to opt for the Direct Tax Vivad Se Vishwas Scheme, 2024, under Section 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961? Assessee's Contention: The assessee contended that they intended to withdraw the present appeal to avail the benefits under the Direct Tax Vivad Se Vishwas Scheme, 2024. They submitted that Form No.1 was filed on 28.10.2024 and Form No.2 was issued on 13.12.2024, indicating their intent to resolve the dispute under the scheme. Revenue's Contention: The judgment does not record any specific contentions from the revenue regarding the withdrawal of the appeal. However, the Tribunal proceeded to pass an order based on the assessee's submission and the provisions of the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL & HON’BLE SHRI MANU KUMAR GIRI

Hearing: 09.01.2025Pronounced: 09.01.2025

आयकर अपीलीय अिधकरण ‘डी’’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘D’ BENCH, CHENNAI माननीय �ी मनोज कुमार अ�वाल ,लेखा सद� एवं माननीय �ी मनु कुमार िग�र, �ाियक सद� के सम�। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER AND HON’BLE SHRI MANU KUMAR GIRI, JUDICIAL MEMBER आयकरअपील सं./ IT(TP)A No.36/Chny/2024 (िनधा�रणवष� / Assessment Year: 2020-2021) M/s. OPG Power Generation Private Vs. The Assistant Commissioner of Limited, Income Tax, OPG Nagar, Periyaobulapuram Village, Central Circle 1(1), Nagarajakandigai, Madarapakkam Road, Chennai. Gummidipoondi, Kallur, Tiruvallur 601 201. [PAN: AAACO 8193M] (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ� क� ओर से/ Appellant by : Mr. Shrenik Chordia, C.A., ��यथ� क� ओर से /Respondent by : Mr. A. Sasikumar, CIT. सुनवाई क� तार�ख/Date of Hearing : 09.01.2025 घोषणा क� तार�ख /Date of Pronouncement : 09.01.2025 आदेश / O R D E R PER MANU KUMAR GIRI (Judicial Member)

This appeal by the assessee is arising out of the final assessment order dated 30.07.2024, passed by the Asstt. Commissioner of Income Tax, Central Circle 1(1), Chennai for the assessment year 2020-21 u/s.143(3) r.w.s. 144C (13) of the Income Tax Act, 1961 (hereinafter the ‘Act’) in pursuant to the directions of the Dispute Resolution Panel-2, Bengaluru dated 25.06.2024.

2 IT(TP)A No.36/Chny/2024. 2. At the outset, the ld. counsel for the submitted a letter dated 25.12.2024 wherein stated that the present appeal is intended to be withdrawn by the appellant, for the purpose of opting the benefit under the Direct Tax Vivad Se Vishwas Scheme (DTVSV), 2024. Assessee also informed that Form No.1 DTVSV has been filed on 28.10.2024 and Form No.2 was issued on 13.12.2024. 3. Accordingly, noting the fact that the assessee is opted for resolution of dispute under Direct Tax Vivad Se Vishwas Scheme (DTVSV), 2024, we treat this appeal being dismissed as withdrawn. 4. The assessee is given liberty for restoration of the present appeal in case the resolution of dispute under Direct Tax Vivad Se Vishwas Scheme (DTVSV), 2024 are failed. 5. In the result, the appeal filed by the assessee in IT(TP) No. 36/Chny/2024 is dismissed as withdrawn. Order pronounced in the open court on 09th January, 2025 at Chennai. Sd/- Sd/- (मनोज कुमार अ�वाल) (मनु कुमार िग�र) (MANOJ KUMAR AGGARWAL) (MANU KUMAR GIRI) लेखा सद� / ACCOUNTANT MEMBER �ाियक सद� / JUDICIAL MEMBER चे�ई Chennai: िदनांक Dated : 09-01-2025 KV आदेश क� ��त�ल�प अ�े�षत /Copy to : 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु�/CIT, Chennai/Coimbatore/Madurai/Salem. 4. िवभागीय�ितिनिध/DR 5. गाड�फाईल/GF

More judgments on Section 144C(13)

All 3,426 judgments and leading authorities on Section 144C(13) →

Recent GST High Court judgments

Search GST case law →