NILA SEA FOODS,THOOTHUKUDI vs. DCIT CC-1, MADURAI

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ITA 925/CHNY/2020Status: HeardITAT Chennai25 January 2022AY 2007-082 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal permitted the withdrawal of the appeals as the assessee had opted for the Vivad-se-Vishwas Scheme. The assessee can approach the Tribunal if any prejudice arises from the scheme's settlement.

What were the facts?

The assessee opted for the Vivad-se-Vishwas Scheme 2020, and Form No. 3 was issued for all assessment years under appeal. The assessee requested to withdraw the appeals.

What were the issues?

Whether the appeals filed by the assessee should be withdrawn in light of the Vivad-se-Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Before: Shri V. Durga Rao & Shri G. Manjunatha

Hearing: 25.01.2022Pronounced: 25.01.2022

O R D E R PER BENCH: These seven appeals filed by the same assessee are directed against common order of the ld. Commissioner of Income Tax (Appeals) 19, Chennai dated 18.08.2020 relevant to the assessment years 2007-08, 2008- 09, 2009-10, 2010-11, 2011-12, 2012-13 and 2013-14.

2.

When these appeals were taken up for hearing, by filing withdrawal application, the learned Counsel for the assessee has submitted that the assessee has opted to avail the Vivad-se-Vishwas Scheme 2020 and Form No. 3 was also issued in respect of all the assessment years under appeal.

1.

He has further submitted that the appeals filed by the assessee may be permitted to be withdrawn against which the ld. DR has not opposed to the submissions of the learned Counsel.

3.

We have heard both the sides and perused the records. In this case, the assessee has opted for the Vivad-se-Vishwas Scheme 2020 and the Designated Authority has issued Form No.3 towards settlement of pending tax dispute. In view of the above facts and circumstances, the appeals filed by the assessees are liable to be dismissed as withdrawn. However, it is open to the assessee to approach the Tribunal by filing an appropriate application in the event of any prejudice caused in respect of the settlement of tax dispute under the Vivad-se-Vishwas Scheme 2020.

4.

In the result, all the appeals filed by the assessee are dismissed as withdrawn. Order pronounced on 25th January, 2022 at Chennai.

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