ACIT (LTU), CHENNAI vs. TAMILNADU PETRO PRODUCTS LIMITED, CHENNAI

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ITA 3330/CHNY/2019Status: DisposedITAT Chennai18 January 2022AY 2011-123 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal permitted the withdrawal of the appeal filed by the Revenue. The appeal was dismissed as withdrawn based on the Revenue's submission and the assessee's agreement.

What were the facts?

The Revenue filed an appeal before the ITAT. However, the assessee opted for the Direct Tax Vivad se Vishwas Act, 2020, leading to a settlement and withdrawal of the appeal by the Department. The Revenue later realized this appeal was a duplication.

What were the issues?

Whether the appeal filed by the Revenue should be withdrawn as it was a duplication and the dispute was settled under the Vivad se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 5(2),Section 6

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI

Before: SHRI MAHAVIR SINGHAND SHRI MANOJ KUMAR AGGARWAL

Hearing: 12.01.2022Pronounced: 18.01.2022

आदेश /O R D E R PER MAHAVIR SINGH, VP:

1.

This appeal by the assessee is arising out of order of the Commissioner of Income Tax (Appeals)-9, Chennai dated 20.09.2019 for the assessment year 2011-12.

2.

At the outset, the ld.CIT – DR stated that the Revenue has filed a letter dated 10.01.2022 for withdrawal of appeal. He

2 referred to this letter dated 10.01.2022 in C.No.AACT1295M/ITAT/LTU1/2021-22 stating that the Department has preferred an appeal before ITAT against the order of CIT(A) in & 17(2011-12) dated 20.09.2019. But the assessee has opted for Direct Tax Vivad se Vishwas Act, 2020 and the appeal was withdrawn by the Department and Form No.5 for and full final settlement of tax arrears u/s.5(2) r.w.s.6 of Direct Tax Vivad se Vishwas Act, 2020 was already issued by PCIT-4, Chennai dated 28.10.2021. Vide this Form No.5, demand was quantified at Rs.59,79,360/- and this is already paid by assessee on 25.10.2021.

3.

The dispute arose as regards to departmental appeal whether the tax is paid are full and final. Now, the Revenue has filed this letter and stated that while quantifying the tax liability under the VSVS scheme, certain payments made by the assessee were given effect and 50% of the disputed tax was calculated to be paid by the assessee and hence disputed tax was computed at Rs.59,79,360/- which was paid and appeal was withdrawn by the assessee.

4.

Now, the Revenue in its letter admitted that as per records available in the office of ACIT, Large Tax Unit, Range-1, Chennai there is only one appeal filed by Department before ITAT and this 3 appeal is duplication of the appeal preferred and withdrawn earlier before the ITAT. Therefore, it was requested by ld.CIT-DR that this may be permitted to be withdrawn in view of the letter of the AO. When this was put to ld.counsel for the assessee, he also agreed with the submissions made by the ld.CIT-DR. In view of the above facts we permit the withdrawal and the appeal is dismissed as withdrawn.

5.

In the result, the appeal filed by the Revenue is dismissed as withdrawn.

Order pronounced in the open court on 18th January, 2022 at Chennai.

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