JANAKI COTTON MILLS P LTD,TIRUNELVELI vs. JCIT, TIRUNELVELI RANGE, TIRUNELVELLI

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ITA 1791/CHNY/2019Status: DisposedITAT Chennai17 February 2021AY 2013-142 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 noted that the assessee had filed necessary forms for the Vivad se Vishwas scheme and was awaiting further steps. Following a similar High Court decision, the Tribunal dismissed the appeals as withdrawn.

What were the facts?

The assessee filed two appeals before the ITAT. At the time of hearing, the assessee expressed its intention to settle the pending disputes under the Direct Taxes Vivad se Vishwas Scheme, 2020.

What were the issues?

The primary issue was whether the appeals should be kept pending when the assessee intended to settle the dispute under a tax settlement scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI

Before: SHRI MAHAVIR SINGHAND SHRI G. MANJUNATHA

Hearing: 17.02.2021Pronounced: 17.02.2021

Per MAHAVIR SINGH, VP: These 2 appeals filed by the assessee are directed against the respective orders of learned Commissioner of Income Tax (Appeals)-1, Madurai in dated 19.02.2019 & ITA No.280A/2016- 17 dated 06.05.2019 for the assessment year 2013-14.

2.

We have heard the counsel for the assessee and the ld. DR and also perused the material available on record. At the time of hearing, learned counsel for the assessee have made a statement at bar that the assessee wants to utilize the Direct Taxes ‘Vivad se Vishwas Scheme, 2020’ to 2 & 1791/CHNY/2019 (VSVS) settle pending dispute relating to Direct Taxes and in this regard the assessee has filed Form No 1 and 2 and awaiting Form no. 3 from the designated authority. Therefore, once the assessee file a declaration in Form No.1 and 2 along with undertaking and expressed its willingness to settle pending disputes regarding direct taxes, then there is no point in keeping appeals filed by the assessee. It is noted that in an identical application filed by an assessee in the case of M/s. Nannusamy Mohan (HUF) vs. ACIT in T.C.A No.372 of 2020, the Hon’ble Jurisdictional High Court of Madras has dismissed the appeal as withdrawn. Hence by following the decision of the Hon’ble Madras High Court, we are dismissing these appeals subject to liberty to the assessee to get it recalled in case, the assessee does not succeed in availing the scheme i.e., Vivad Se Vishwas Scheme 2020 for whatever reason.

3.

In the result, both the appeals filed by the assessee are dismissed as withdrawn. Order pronounced in the open court on 17th February, 2021 at Chennai.

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