M/s Indian AcryLics Limited, Chandigarh V. DCIT, CC-II, Chandigarh

ITA 1092/CHANDI/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2149 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 6 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Chandigarh
• Assessment Year: 2016-2017
• Appeal Filed On: 06-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BE NCH A, CHANDIGARH (VIRTUAL COURT) .., !' .. , # $% BEFORE: SHRI. N.K.SAINI, VP & SHRI , R.L. NEGI, JM ITA NO. 655 /CHD/2014 ASSESSMENT YEAR : 2007-08 M/S INDIAN ACRYLICS LIMITED SCO 49-50, SECTOR-26 CHANDIGARH THE ADDL. CIT RANGE V CHANDIGARH PAN NO: AAAC13794C APPELLANT RESPONDENT ITA NO. 27/CHD/2016 ASSESSMENT YEAR : 2008-09 M/S INDIAN ACRYLICS LIMITED SCO 49-50, SECTOR-26 CHANDIGARH THE ADDL. CIT RANGE V CHANDIGARH PAN NO: AAAC13794C APPELLANT RESPONDENT ITA NO. 1289/CHD/2018 ASSESSMENT YEAR : 2014-15 M/S INDIAN ACRYLICS LIMITED SCO 49-50, SECTOR-26 CHANDIGARH THE ACIT, CC-II CHANDIGARH PAN NO: AAAC13794C APPELLANT RESPONDENT ITA NO. 1290/CHD/2018 ASSESSMENT YEAR : 2015-16 M/S INDIAN ACRYLICS LIMITED SCO 49-50, SECTOR-26 CHANDIGARH THE ACIT, CC-II CHANDIGARH PAN NO: AAAC13794C APPELLANT RESPONDENT ITA NO. 1092/CHD/2019 ASSESSMENT YEAR : 2016-17 M/S INDIAN ACRYLICS LIMITED SCO 49-50, SECTOR-26 CHANDIGARH THE DCIT, CC-II CHANDIGARH PAN NO: AAAC13794C 2 APPELLANT RESPONDENT !' ASSESSEE BY : SHRI ASHWANI KUMAR, CA #!' REVENUE BY : SMT. MEENAKSHI VOHRA, ADDL. CIT $ %! & DATE OF HEARING : 02/03/2021 '()*! & DATE OF PRONOUNCEMENT : 02/03/2021 $&/ ORDER PER BENCH: ALL THE ABOVE APPEALS BY THE ASSESSEE ARE DIRECTED AGAINST THE SEPARATE ORDERS OF DIFFERENT LD. COMMISSIONERS OF INCOME TAX (APPEAL) AT VARIOUS STATIONS AS PER FOLLOWING DETAILS: SL.NO. APPEAL NO. NAME OF CASE CIT(APPEAL / S ) OR DER DT. 1. ITA NO. 655/CHD/2014 M/S INDIAN ACRYLICS LIMITED CIT(A)-1, CHANDIGARH 24/04/2014 2. ITA NO. 27/CHD/2016 M/S INDIAN ACRYLICS LIMITED CIT(A)-2, CHANDIGARH 24/11/2015 3. ITA NO. 1289/CHD/2018 M/S INDIAN ACRYLICS LIMITE D CIT(A)-3, GURGAON 06/07/2018 4. ITA NO. 1290/CHD/2018 M/S INDIAN ACRYLICS LIMITE D CIT(A)-3, GURGAON 06/07/2018 5. ITA NO. 1092/CHD/2014 M/S INDIAN ACRYLICS LIMITE D CIT(A)-3, GURGAON 31/05/2019 2. THE AUTHORISED SIGNATORY FOR THE ASSESSEE FURNIS HED THE COMMON APPLICATION IN ALL THE ABOVE APPEALS STATING THEREI N AS UNDER : ITA NO. 27/CHD/2016 FOR AY 2008-09, ITA NO. 655/CHD /2014 FOR AY 2007-08, ITANO. 1092/CHD/2019 FOR AY 2016-17. ITA NO. 1289/CHD/2018 FOR AY 2014-15 AND ITA NO. 1290/CHD/2018 FOR AY 2015-16 OF INDIAN ACRYLICS LTD . HON'BLE SIR, WITH REFERENCE TO AFORESAID APPEALS PENDING BEFORE HON'BLE ITAT, IT IS RESPECTFULLY SUBMITTED THAT THE ASSESSE HAS FILED A DECLARATION IN FORM 1 & 2 UNDER VIVAD SE VISHWAS SCHEME WITH A VIEW TO CLOSE THE LITIGATION IN THE PRESENT CASES. AS PER SECTION 4(2) OF THE DIRECT TAX VIVAD SE VISHWAS ACT , 2020, UPON THE FILING OF THE DECLARATION, ANY APPEAL PENDING BEFORE THE INCOME T AX APPELLATE TRIBUNAL, IN RESPECT OF THE DISPUTED INCOME OR DISPUTED INTEREST OR DISPUTED PENALTY OR DISPUTED FEE AND TAX ARREARS SHALL BE DEEMED TO HAV E BEEN WITHDRAWN FROM THE DATE ON WHICH CERTIFICATE UNDER SUB-SECTION (1) OF SECTION 5 I.E CERTIFICATE IN FORM 3 IS ISSUED BY THE DESIGNATED AUTHORITY. THE ASSESS EE HAS ALREADY RECEIVED CERTIFICATE IN FORM 3 AS ISSUED BY THE DESIGNATED A UTHORITY. DETAIL OF THE FORM 3 IN EACH APPEAL IS AS UNDER: 3 APPEAL NO. AY CERTIFICATE NO. IN FORM 3 AND DATED 27/CHD/2016 AY 2008 -09 209329640140121 DATED 14.01.2021 65 5/CHD/2014 AY 2007 -08 209241170140121 DATED 14.01.2021 1092/CHD/2019 AY 2016 -17 244981500080221 DATED 08.02.2021 1289/CHD/2018 AY 2014 -15 244984080080221 DATED 08.02.2021 1290/CHD/2018 AY 2015 -16 244986620080221 DATED 08.02.2021 COPY OF THE FORM 3 ISSUED IN EACH APPEAL IS ATTACHE D PLEASE. THEREFORE, IT IS RESPECTFULLY SUBMITTED THAT THE AFORESAID APPEALS M AY PLEASE BE TREATED ACCORDINGLY. THANKING YOU, YOURS FAITHFULLY, FOR INDIAN ACRYLICS LTD SD/- AUTHORISED SIGNATORY 3. DURING THE COURSE OF HEARING THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT SINCE THE ASSESSEE HAVE AVAILED THE IMMUNITY S CHEME I.E; VIVAD SE VISHWAS AND THE INCOME TAX DEPARTMENT HAS SINCE ISSUED FORM NO. 3 , IN RESPONSE TO THE APPLICATIONS FILED BY THE ASSESSEE, UNDER SECTION 5 (1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020, THEREFORE THE APPEALS OF THE ASS ESSEE MAY BE ALLOWED TO BE WITHDRAWN. THE DETAILS OF ABOVE SAID CERTIFICATES A RE AS UNDER: SL.NO. APPEAL NO. NAME OF CASE CERTIFICATE NO. 1. ITA NO. 655/CHD/2014 M/S INDIAN ACRYLICS LIMITED 209241170140121 2. ITA NO. 27/CHD/2016 M/S INDIAN ACRYLICS LIMITED 209329640140121 3. ITA NO. 1289/CHD/2018 M/S INDIAN ACRYLICS LIMITED 244984080080221 4. ITA NO. 1290/CHD/2018 M/S INDIAN ACRYLICS LIMITED 244986620080221 5. ITA NO. 1092/CHD/2014 M/S INDIAN ACRYLICS LIMITED 244981500080221 4. THE LD. DR DID NOT OBJECT IF THE ABOVE APPEALS O F THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 5. IN VIEW OF THE ABOVE THE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 4 6. IN THE RESULT, APPEALS OF THE ASSESSEE ARE DISMI SSED. ORDER PRONOUNCED ON 02/03/2021 SD/- SD/- .. .., (R.L. NEGI ) ( N.K. SAIN I) # $%/ JUDICIAL MEMBER / VICE PRESIDENT AG DATE: 02/03/2021 (+! ,-.- COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. $ / CIT 4. $ / 01 THE CIT(A) 5. -2 45&456789 DR, ITAT, CHANDIGARH 6. 8:% GUARD FILE (+ $ BY ORDER, ; # ASSISTANT REGISTRAR