MALLADI DRUGS AND PHARMACEUTICALS LIMITED,CHENNAI vs. DCIT, CHENNAI

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ITA 843/CHNY/2017Status: DisposedITAT Chennai01 February 2021AY 2007-083 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 was allowed to approach the Tribunal again if any injustice occurred during the settlement process.

What were the facts?

The assessee opted for the Vivad-se-Vishwas Scheme 2020 to settle pending tax disputes. The Designated Authority had not yet issued Form No. 3 for the settlement.

What were the issues?

Whether the assessee should be permitted to withdraw their appeals due to opting for the Vivad-se-Vishwas Scheme before the settlement process was complete.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI

Before: SHRI DUVVURU R.L. REDDY & SHRI G. MANJUNATHA

For Appellant: Adv. थ की ओर से /

घोषणा क� तारीख /Date of : 01-02-2021 Pronouncement आदेश / O R D E R PER BENCH:

These appeals filed by the assessee are against the order of the learned Commissioner of Income Tax (Appeals)-8, Chennai in & 101/2005-06, 102 & 101/2006-07, 100/2007-08 & 210/2010-11 dated 25.01.2017 relevant to the Assessment Years 2001-02 to 2005-06 & 2007-08. -843/C/2017 2. When these appeals were taken up for hearing, the Assessee has submitted that it has opted to avail the Vivad-se- Vishwas Scheme 2020. It was further a submission that Form No.3 from the designated authority is yet to be issued and would be submitted in due course and the same shall be furnished after issuance of Form No.3. It has further submitted that it 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 Assessee.

4.

We have 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 is yet to issue Form No.3 for the settlement of pending tax dispute. Since the Assessee has submitted that Form No.3 would be submitted as and when it is issued and prayed for permitting the assessee to withdraw the appeal, the appeal filed by the Assessee is permitted to be withdrawn. However, it is open to the Assessee -843/C/2017 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.

6.

In the result, the appeals of the Assessee in 843 /Chny/2017 are dismissed as withdrawn.

Order pronounced on the 01st day of February, 2021, in Chennai.

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