L & T THALES TECHNOLOGY SERVICES PRIVATE LIMITED,CHENNAI vs. DCIT, CHENNAI

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ITA 1664/CHNY/2015Status: DisposedITAT Chennai01 April 2021AY 2010-113 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 can approach the Tribunal if any injustice arises from the scheme's settlement.

What were the facts?

The assessee filed three appeals before the ITAT against assessment orders for AYs 2011-12, 2010-11, and 2012-13. The assessee had opted to avail the Vivad-se-Vishwas Scheme 2020, and Form No. 3 was issued for all the assessment years.

What were the issues?

Whether the assessee can withdraw appeals after opting for the Vivad-se-Vishwas Scheme. The primary issue is the procedural consequence of opting for a tax settlement scheme on pending appeals.

Which sections of the Income-tax Act were involved?

Section 144C(13),Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH: CHENNAI

Before: SHRI DUVVURU R.L. REDDY & SHRI S. JAYARAMAN

Hearing: 31.03.2021

आदेश / O R D E R PER DUVVURU R.L. REDDY, JUDICIAL MEMBER:

1.

The assessee filed three appeals against the assessment order under section 144C(13) of the Income Tax Act, 1961 of the Assistant Commissioner of Income Tax, Chennai, dated 25.01.2016 for the AY 2011-12, order under section 144C(13) of the Act of the Deputy Commissioner of Income Tax, Chennai dated 26.02.2015 for the AY 2010- 11 and order under section 143(3) r.w.s. 144C(13) of the Act of the , 1664/Chny/15 & 877/Chny/17 :- 2 -: Assistant Commissioner of Income Tax, Chennai dated 30.01.2017 for the AY 2012-13.

2.

When this appeal was taken up for hearing, the learned Counsel for the Assessee has submitted that the Assessee has opted to avail the Vivad-se-Vishwas Scheme 2020 and Form No.3 was also issued for all the assessment years under appeal. He has submitted that the assessee 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 Counsel for the Assessee.

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 Assessee has opted for the Vivad-se-Vishwas Scheme 2020 and the Designated Authority has issued Form No.3 for the settlement of pending tax dispute for all the assessment years under appeal. Accordingly, he prayed that he may be permitted to withdraw the appeal.

6.

In view of the submissions of the Assessee, the appeals filed by the Assessee is permitted to be withdrawn for all the assessment years under appeal. 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 , 1664/Chny/15 & 877/Chny/17 :- 3 -: 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 withdrawn.

Order pronounced on the 1st day of April, 2021, in Chennai.

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