SIEMENS LIMITED,MUMBAI vs. ACIT, CHENNAI

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ITA 1368/CHNY/2016Status: DisposedITAT Chennai29 June 2021AY 2008-093 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 they had opted for the Vivad-se-Vishwas Scheme. The assessee can approach the Tribunal if any injustice occurs regarding the 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 for all appeals under the scheme. The assessee requested permission to withdraw the appeals.

What were the issues?

Whether the appeals can be withdrawn by the assessee due to opting for the Vivad-se-Vishwas Scheme.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 S. JAYARAMAN

For Respondent: Mr. G. Srinivasa Rao, CIT
Hearing: 29.06.2021

Heard together (2 matters)

ITA No.1881/Chny/2011
ITA Nos. 1368/Chny/2016

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

and 210/Chny/2018 2 आदेश / O R D E R PER SHRI V. DURGA RAO, JUDICIAL MEMBER: These three appeals filed by the assessee are directed against the orders of the Asst. Commissioner of Income Tax, CompanyCircle- VI(3), Chennai dated 26.09.2011 for A.Y 2007-08 and the Learned Commissioner of Income Tax (Appeals)-15, Chennai dated 23.02.2016 & 27.09.2017 relevant to the assessment years 2008-09 and 2009-10 respectively.

2.

When these appeals were taken up for hearing, none appeared on behalf of the assessee. The learned counsel for the assessee vide letter dated 09.04.2021 has submitted that the assessee has opted to avail the Vivad-se-Vishwas Scheme 2020 and Form No.3 was also issued in all the appeals. He has also submitted that he may be permitted to withdraw the appeals.

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 through video conferencing, 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 in all the appeals for the settlement of pending tax dispute. Accordingly, it prayed that it may be permitted to withdraw the appeals.

6.

In view of the submissions of the assessee, the appeals filed by the assessee are 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.

7.

In the result, all the three appeals filed by the assessee are dismissed as withdrawn.

Order pronounced on the 29th June, 2021 at Chennai.

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