M/S CHEMFAB ALKALIS LTD vs. THE ASSISTANT COMMISSIONER OF INCOME TAX

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TCA/742/2019HC Madras26 February 2025Bench: Honourable Mr Justice S. S. SUNDAR3 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court recorded the appellant's (assessee's) request to withdraw the appeal, citing their decision to settle the dispute under the Direct Tax Vivad Se Vishwas Scheme 2020. Based on this request, the Court dismissed the tax case appeal as withdrawn. No costs were awarded. The specific terms of the settlement under the Vivad Se Vishwas Scheme, nor the original dispute that led to the appeal, were discussed or decided upon. The operative direction was the dismissal of the appeal as withdrawn.

What were the facts?

The appeal was filed by M/s Chemfab Alkalis Ltd (the assessee) against the order of the Income Tax Appellate Tribunal, 'A' Bench, Chennai, dated 24.08.2012, for the assessment year 2003-04. The appeal was preferred under Section 260A of the Income Tax Act, 1961. The respondent is the Assistant Commissioner of Income Tax, Circle I, Pondicherry. The assessee sought permission to withdraw the appeal because it had opted to settle the dispute under the Direct Tax Vivad Se Vishwas Scheme 2020.

What were the issues?

1. Whether the appeal can be withdrawn by the assessee under the Direct Tax Vivad Se Vishwas Scheme 2020, thereby settling the dispute. This issue turns on the provisions of the Direct Tax Vivad Se Vishwas Scheme 2020 and Section 260A of the Income Tax Act, 1961. Assessee's contention: The assessee, represented by Mr. A.S. Sriraman, sought permission to withdraw the appeal as they had offered to settle the dispute under the Direct Tax Vivad Se Vishwas Scheme 2020. Revenue's contention: The respondent, represented by Ms. J. Narayanaswamy, accepted notice for the sole respondent. No specific argument was recorded for the revenue regarding the withdrawal.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

TCA NO. 742 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-02-2025 CORAM THE HONOURABLE MR JUSTICE S. S. SUNDAR AND THE HONOURABLE MR JUSTICE C. SARAVANAN TCA NO. 742 of 2019 M/s Chemfab Alkalis Ltd Gnanananda Place Kalapet, Pondicherry Appellant(s) Vs The Assistant Commissioner Of Income Tax Circle I, Pondicherry Respondent(s) TCA NO. 742 of 2019 For Appellant(s): Mr.A.S.Sriraman For Respondent(s): M/s.J.Narayanaswamy Accepts Notice For Sole Respondent Vide Court Order Dt:22/09/2020 Prayer: Tax Case Appeal preferred in terms of Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, ''A'' Bench, Chennai in ITA No.563/MDS/2012 for the assessment year 2003-04 dated 24.08.2012. https://www.mhc.tn.gov.in/judis JUDGMENT (Judgment of the Court was delivered by the Hon'ble S.S.Sundar J.) 1. Learned counsel for the appellant seeks permission of this Court to withdraw this appeal as the appellant/assessee has offered to settle the dispute under the Direct Tax Vivad Se Vishwas Scheme 2020. 2. Recording the above request, this tax case appeal stands dismissed as withdrawn. No costs. (S.S.SUNDAR J.) (C.SARAVANAN J.) 26-02-2025 AP TCA NO. 742 of 2019 To 1. The Assistant Commissioner Of Income Tax Circle I, Pondicherry https://www.mhc.tn.gov.in/judis S.S.SUNDAR, J. AND C.SARAVANAN, J. AP TCA.No.742/2019 26.02.2025 https://www.mhc.tn.gov.in/judis

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