M/S CRI PUMPS P LTD,COIMBATORE vs. ACIT CORP CIRCLE 2, COIMBATORE

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ITA 542/CHNY/2018Status: DisposedITAT Chennai02 December 2021AY 2011-122 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The Tribunal dismissed the appeal as withdrawn, noting that the assessee had opted for the Vivad se Vishwas scheme and the Department had issued Form 3. Liberty was granted to restore the appeal if the scheme application was rejected.

What were the facts?

The assessee filed an appeal before the ITAT. During the pendency of the appeal, the assessee availed the 'Vivad se Vishwas Scheme, 2020' to settle its disputes. The Department accepted the application and issued Form 3.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI

Before: SHRI MAHAVIR SINGH, VICE- & SHRI G.MANJUNATHA

Hearing: 02.12.2021

PER G.MANJUNATHA, AM:

1.

This appeal filed by the assessee is directed against the order passed by the learned Commissioner of Income Tax (Appeals)-1, Coimbatore, dated 11.12.2017 and pertains to assessment year 2011-12.

2.

We have heard learned counsel for the assessee and learned DR and also perused the materials available on record. At the time of hearing, learned counsel for the assessee has filed a letter along with Form No.3 issued by the Department under ‘Vivad se Vishwas Scheme, 2020’ and submitted that the assessee has availed the VSVS scheme to settle its pending disputes. The ld. counsel for the assessee further submitted that the Department has accepted application filed by the Form 3 quantifying amount of taxes payable under VSVS scheme. Therefore, the ld. counsel for the assessee submitted that the appeal filed by the assessee may be dismissed as withdrawn. The ld. DR, on the other hand, has no objection for dismissing the appeal as the Designated Authority has issued Form 3. Therefore, considering fact that the assessee has filed application for withdrawal of appeal and has also filed Form 3 issued by the Department, we dismiss appeal filed by the assessee as withdrawn. However, a liberty is given to the assessee to restore the appeal, in case application filed by the assessee before the Designated Authority, is rejected for any reason.

4.

In the result, appeal filed by the assessee is dismissed as withdrawn.

Order pronounced in the open court on 2nd December, 2021

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