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Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI
Before: SHRI V. DURGA RAO & SHRI G. MANJUNATHA
M/s. Super Spinning Mills Ltd., The Dy. Commissioner of Elgi Towers PB 7113, Income Tax, Green Fields, Puliyakulam Road, Vs. Company Circle-I(2), Coimbatore – 641 045. Coimbatore. [PAN: AADCS 0672G] (अपीलाथ(/Appellant) ()*थ(/Respondent) अपीलाथ( की ओर से/ Appellant by : Mr.S. Sridhar, Advocate )*थ( की ओर से /Respondent by : Mr. Suresh Periasamy, JCIT सुनवाई की तारीख/Date of Hearing : 19.07.2021 घोषणा की तारीख /Date of Pronouncement : 19.07.2021 आदेश / O R D E R PER SHRI V. DURGA RAO, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order of the Learned Commissioner of Income Tax (Appeals)-1, Chennai in 31.08.2016 relevant to the Assessment Year 2004-05. 2 -: 2. The appeal filed by the assessee is delayed by 104 days, for which, the assessee has filed an affidavit for condonation of the delay, to which, the ld. DR has not raised any serious objection.
Consequently, since the assessee was prevented by sufficient cause, the delay of 104 days in filing of the appeal stands condoned and the appeal is admitted for adjudication.
When this appeal is taken up for hearing, vide letter dated 19.07.2021, 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. He has also submitted that he may be permitted to withdraw the appeal.
On the other hand the learned Departmental Representative has not raised any objection to the submissions of the learned Counsel for the assessee.
We have heard both the sides through video conferencing, perused the materials available on record and gone through the orders of the authorities below.
In this case, the assessee has opted for the Vivad-se-Vishwas Scheme 2020 and the Designated Authority has issued Form No.3 for 3 -: the settlement of pending tax dispute. Accordingly, it prayed that it may be permitted to withdraw the appeal.
In view of the submissions of the assessee, the appeal filed by the assessee is permitted to be withdrawn. However, it is open to the assessee to approach the Tribunal by filing an appropriate application 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.
In the result, the appeal filed by the assessee is dismissed as withdrawn.
Order pronounced on 19th July, 2021 in Chennai. ("ी जी मंजूनाथा) (वी दुगा" राव) (V. DURGA RAO) (G. MANJUNATHA) लेखा सद"/ACCOUNTANT MEMBER "याियक "याियक सद"य "याियक "याियक सद"य सद"य/JUDICIAL MEMBER सद"य चे"ई/Chennai, "दनांक/Dated: 19th July, 2021. EDN, Sr. P.S