M/S.AVALON TECHNOLOGIES LIMITED vs. DEPUTY COMMISSIONER OF INCOME TAX

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TCA/553/2023HC Madras25 February 2025Bench: Honourable Mr Justice S. S. SUNDAR3 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court recorded the submission made by the learned counsel for the appellant and the endorsement made to that effect. Consequently, the appeal was dismissed as withdrawn. The court granted liberty to the appellant to file a petition for restoration in case their application under the Direct Tax Vivad Se Vishwas Scheme, 2024, is not accepted. No costs were awarded. The operative direction is the dismissal of the appeal as withdrawn with the specified liberty.

What were the facts?

The appeal was filed by M/s. Avalon Technologies Ltd. (the appellant) against an order of the Income Tax Appellate Tribunal, Chennai Bench. The respondent was the Deputy Commissioner of Income Tax. The appellant had availed the benefit of the Direct Tax Vivad Se Vishwas Scheme, 2024. Although Form 2 was issued acknowledging receipt of Form 1 under the scheme, the appellant was hopeful of receiving the benefit. The appellant's counsel sought permission to withdraw the appeal with liberty to file a petition for restoration if the application under the Vivad Se Vishwas Scheme was not accepted. An endorsement to this effect was made.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn, with liberty to file a petition for restoration if the appellant's application under the Direct Tax Vivad Se Vishwas Scheme, 2024, is not accepted? (Question of procedure) Assessee's Contention: The appellant sought to withdraw the appeal with liberty to file a petition for restoration, as they had availed the Direct Tax Vivad Se Vishwas Scheme, 2024, and were hopeful of its benefits. They made an endorsement to this effect. Revenue's Contention: The judgment does not record any specific contention from the revenue regarding the withdrawal of the appeal or the liberty sought by the appellant.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

T.C.A. No.553 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.02.2025 CORAM THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE NONOURABLE MR.JUSTICE C.SARAVANAN T.C.A. No.553 of 2023 M/s.Avalon Technologies Ltd. TPI Block, B-7 & B-8 1st Main Road MEPZ-SEZ, Tambaram Chennai - 600 045 .. Appellant Vs. Deputy Commissioner of Income Tax Corporate Circle - 1(1) Chennai - 34 .. Respondent * * * Prayer : Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, Chennai Bench 'B' Bench in ITA No.3/Chny/2021 dated 31.07.2023 received by the appellant on 12.08.2023. * * * For Appellant : Mr.Guruprasad M.R. for PASS Associates For Respondent : Mr.T.Ravikumar ________ Page 1/3 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2025 06:06:42 pm ) T.C.A. No.553 of 2023 JUDGMENT (delivered by S.S.SUNDAR, J.) It is stated by the learned counsel appearing for the appellant that the appellant has availed the benefit of Direct Tax Vivad Se Vishwas Scheme, 2024. Even though Form 2 has been issued in acknowledgement of receipt of Form 1, the appellant is hopeful in getting the benefit of the Scheme. The learned counsel for the appellant now seeks the permission of this court to withdraw the appeal, however, with liberty to file a petition for restoration, in case the appellant's application under the scheme, is not accepted. He has also made an endorsement to that effect. 2. Recording the submission and the endorsement made by the learned counsel for the appellant, this appeal is dismissed as withdrawn with liberty as prayed for. No costs. [S.S.S.R., J.] [C.S.N., J.] 25.02.2025 Asr To The Deputy Commissioner of Income Tax Corporate Circle - 1(1) ________ Page 2/3 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2025 06:06:42 pm ) T.C.A. No.553 of 2023 Chennai - 34 S.S.SUNDAR, J. and C.SARAVANAN, J. Asr T.C.A. No.553 of 2023 Dated : 25.02.2025 ________ Page 3/3 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2025 06:06:42 pm )

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