FL SMIDTH PVT. LTD.,CHENNAI vs. ACIT, CHENNAI

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ITA 3422/CHNY/2019Status: DisposedITAT Chennai03 May 2021AY 2004-053 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 assessees to withdraw their appeals as they had opted for the Vivad-se-Vishwas Scheme. The assessees can approach the Tribunal if any injustice arises from the settlement.

What were the facts?

The assessees filed appeals against orders of the Commissioner of Income Tax (Appeals). During the hearing, the assessees opted to avail the Vivad-se-Vishwas Scheme 2020.

What were the issues?

Whether the assessees should be permitted to withdraw their appeals after 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: 27.04.2021

Heard together (3 matters)

ITA No.2599/Chny/2017
ITA No.3422/Chny/2019
ITA No.3279/Chny/2016

Read from the judgment's own cause title. This page is filed under one of them.

आदेश / O R D E R PER BENCH :

1.

The assessees filed these appeals against the order of the Commissioner of Income Tax (Appeals), Chennai, in 2013-14/CIT(A)-4 dated 14.08.2017 for the AY 2013-14, in ITA No.20/CIT(A)-9/2009-10 dated 01.10.2019 for the AY 2004-05 and in ITA No.68/CIT(A)-5/14-15 dated 06.10.2016 for the AY 2004-05.

2.

When these appeals were taken up for hearing, the learned Counsel for the Assessees has submitted that the Assessee has opted to avail the Vivad-se- Vishwas Scheme 2020 and Form No.3 were also issued. It/She has submitted that it/she 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 learned Counsels for the Assessees.

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 Assessees have 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, it/she prayed that it/she may be permitted to withdraw the appeals.

6.

In view of the submissions of the Assessees, the appeals filed by the Assessees are permitted to be withdrawn. However, it is open to the Assessees

ITA No.2599/Chny/2 :- 3 -: to approach the Tribunal by filing an appropriate application in the event of any injustice caused to the Assessees in respect of the settlement of dispute relating to the Vivad-se-Vishwas Scheme 2020.

7.

In the result, the appeals of the Assessees in ITA No.3422/Chny/2019 & ITA No.3279/Chny/2016 are dismissed as withdrawn.

Order pronounced on the 03rd day of May, 2021, in Chennai.

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