TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LTD.,CHENNAI vs. ACIT CORPORATE CIRCLE 3(1), CHENNAI

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ITA 1130/CHNY/2019Status: DisposedITAT Chennai05 May 2021AY 2014-153 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 the scheme was opted for and the necessary form was awaited. The assessee can approach the Tribunal again if any injustice arises from the scheme's settlement.

What were the facts?

The assessee opted for the Vivad-se-Vishwas Scheme 2020 to settle pending tax disputes. Form No. 3 from the designated authority was yet to be issued.

What were the issues?

Whether the assessee should be permitted to withdraw appeals filed before the ITAT due to opting for the Vivad-se-Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI

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

Hearing: 05.05.2021Pronounced: 05.05.2021

आदेश / O R D E R

PER BENCH:

1.

The assessee filed these appeals against the order of the Commissioner of Income Tax (Appeals)-7, Chennai, in dated 31.01.2019 for the AY 2012-13 & in ITA No.149(T)/CIT(A)-7/2017-18 dated 31.01.2019 for the AY 2014-15.

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 & 1130/Chny/2019 :: 2 ::

of Form No.3. It has further submitted that it 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 Assessee.

4.

We have perused the materials available on record and gone through the orders of the authorities below.

5.

In these cases, 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and prayed for permitting the assessee to withdraw the appeals, appeals filed by the Assessee are permitted to be withdrawn.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, the appeals of the Assessee in & 1130/Chny/2019 are dismissed as withdrawn.

Order pronounced on the 05th day of May, 2021, in Chennai.

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