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

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(HUF) vs. ACIT in T.C.A No.372 of 2020, the Hon’ble Jurisdictional High Court of Madras has dismissed the appeal as withdrawn.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.

In the result, both the appeals filed by the assessee are dismissed as withdrawn.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