M/S.CHOLAMANDALAM FINANIAL HOLDINGS LTD,CHENNAI vs. DCIT, LTU CIRCLE - 2, CHENNAI

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ITA 2502/CHNY/2019Status: DisposedITAT Chennai26 July 2021AY 2007-083 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 assessee to withdraw the appeals as the disputes were settled under the Vivad se Vishwas Scheme. Liberty was granted to restore the appeals if the application under the scheme was rejected.

What were the facts?

The assessee filed three appeals for assessment years 2007-08 to 2009-10. The assessee subsequently availed the 'Vivad se Vishwas Scheme, 2020' to settle the pending disputes.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas Scheme.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 V.DURGA RAO & SHRI G.MANJUNATHA

Hearing: 26.07.2021

against the common order passed by the learned CIT(A)-9, Chennai dated 28.06.2019 and pertain to assessment years 2007-08, 2008-09 and 2009-10.

2.

We have heard the counsel for the assessee and the ld. 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 applications filed by the assessee in these appeals and issued Form 3 quantifying amount of taxes payable under VSVS scheme. Therefore, the ld.counsel for the assessee submitted that the assessee may be permitted to withdraw the above appeals. The ld.DR on the other hand has no objection for withdrawing above appeals filed by the assessee. Therefore, considering the fact that the assessee has filed application for withdrawal of appeals and has also filed Form 3 issued by the Department, we dismiss the appeals filed by the assessee as withdrawn. However, a liberty is given to the assessee to restore the appeals, in case the application filed by the assessee before the Designated Authority, is rejected for any reason.

3.

In the result, all these three appeals filed by the assessee are dismissed as withdrawn. Order pronounced in the open court on 26th July, 2021

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