DCIT, CC - 3 91), CHENNAI vs. TAMILNADU GENERATION & DISTRIBUTION CORPN. LTD., CHENNAI

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ITA 2818/CHNY/2019Status: DisposedITAT Chennai10 August 2021AY 2011-123 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal permitted both the assessee and the Revenue to withdraw their respective appeals. It was clarified that the assessee could approach the Tribunal again if any injustice arose from the Vivad-se-Vishwas settlement.

What were the facts?

The assessee opted for the Vivad-se-Vishwas Scheme 2020 for settlement of tax disputes. Form No.3 was issued by the Designated Authority for this purpose. Both the assessee and the Revenue had filed appeals before the Tribunal.

What were the issues?

Whether the appeals filed by the assessee and the revenue should be withdrawn in light of the assessee opting for the Vivad-se-Vishwas Scheme.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 DUVVURU R.L. REDDY & SHRI G. MANJUNATHA

Hearing: 10.08.2021Pronounced: 10.08.2021

Heard together (2 matters)

ITA No.2793/Chny/2019
ITA No.2818/Chny/2019

Read from the judgment's own cause title. This page is filed under one of them.

आदेश / O R D E R

PER DUVVURU RL REDDY, JUDICIAL MEMBER:

1.

These appeals filed by the assessee as well as the Revenue in ITA No.2793 /Chny/2019 & 2 :: order of the Commissioner of Income Tax (Appeals)-11, Chennai, in dated 11.07.2019 for the AY 2011-12.

2.

When these appeals were taken up for hearing, 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 were also issued. It was further submitted that the assessee may be permitted to withdraw its appeal as well as the appeal filed by the Revenue.

3.

On the other hand, the learned Departmental Representative has not raised any objection to the submissions of the learned Counsel for the Assessee.

4.

We have heard both the sides, perused the materials available on record and gone through the orders of the authorities below.

5.

In this case, the Assessee has opted for the Vivad-se-Vishwas Scheme 2020 and the Designated Authority has issued Form No.3 for the settlement of pending tax dispute arising out of the appeals of the assessee and the Revenue. Accordingly, it prayed that it may be permitted to withdraw the appeal.

6.

In view of the above submissions, the appeal filed by the Assessee and the Revenue are permitted to be withdrawn. However, it is open to the Assessee to approach the Tribunal by filing an appropriate application

ITA No.2793 /Chny/2019 & 3 :: in the event of any injustice caused to the Assessee in respect of the settlement of dispute relating to the Vivad-se-Vishwas Scheme 2020.

7.

In the result, the appeals filed by the Assessee as well as the Revenue in & are dismissed as withdrawn.

Order pronounced on the 10th day of August, 2021, in Chennai.

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