HUSKY INJECTION MOLDING SYSTEMS (INDIA) PRIVATE LIMITED,CHENGALPUT vs. DCIT, CHENNAI

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ITA 851/CHNY/2017Status: DisposedITAT Chennai17 June 2021AY 2012-133 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 appeal. 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 to avail the Vivad-se-Vishwas Scheme 2020 for settlement of a pending tax dispute. The Designated Authority issued Form No. 3 for this settlement.

What were the issues?

Whether the appeal should be withdrawn due to the assessee opting for the Vivad-se-Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13)

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: 16.06.2021Pronounced: 17.06.2021

आदेश / O R D E R

PER V. DURGA RAO, JUDICIAL MEMBER:

1.

This appeal filed by the assessee is against the Assessment Order dated 30th January, 2017 passed u/s.143(3) r.w.s.144C(13) of the Income Tax Act, 1961 relevant to the Assessment Year 2012- 2013.

2.

As far as the merits of the case is concerned, the Assessee has opted to avail the Vivad-se-Vishwas Scheme 2020 and Form No.3 issued by the Designated Authority has been received. He has submitted that he may be permitted to withdraw the appeal.

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. Accordingly, he prayed that he may be permitted to withdraw the appeal.

6.

In view of the submissions of the Assessee, the appeal filed by the Assessee is permitted to be withdrawn.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 3 -: respect of the settlement of dispute relating to the Vivad-se-Vishwas Scheme 2020.

7.

In the result, the appeal of the Assessee in is dismissed as withdrawn.

Order pronounced on17th June, 2021 in Chennai.

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