TamilNadu Generation and Distribution Corporation Ltd., CHENNAI V. ACIT Corporate Circle 3(1), CHENNAI

ITA 1129/CHNY/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2834 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 05-05-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 16-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G JOHNSON
• Assessee Lawyers: R VIJAYARAGHAVAN

Judgement Text

./ ITA NOS.1129 & 1130/CHNY/2019 /ASSESSMENT YEARS: 2012-13 & 2014-15 M/S.TAMIL NADU GENERATION & DISTRIBUTION COPRN. LTD., 7 TH FLOOR, NO.144, NPKRR MALIGAI, ANNA SALAI, CHENNAI-600 002. VS. THE ASST. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-3(1), CHENNAI. [PAN: AADCT 4784 E] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. R.VIJAYARAGHAVAN, ADV. /RESPONDENT BY : MR. G. JOHNSON, ADDL.CIT /DATE OF HEARING : 05 .0 5 .2021 /DATE OF PRONOUNCEMENT : 05 . 05 .2021 / O R D E R PER BENCH: THE ASSESSEE FILED THESE APPEALS AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-7, CHENNAI, IN ITA NO.150(T)/C IT(A)-7/2017-18 DATED 31.01.2019 FOR THE AY 2012-13 & IN ITA NO.149(T)/CI T(A)-7/2017-18 DATED 31.01.2019 FOR THE AY 2014-15. 2. WHEN THESE APPEALS WERE TAKEN UP FOR HEARING, TH E ASSESSEE HAS SUBMITTED THAT IT HAS OPTED TO AVAIL THE VIVAD-SE-VISHWAS SCH EME 2020. IT WAS FURTHER A SUBMISSION THAT FORM NO.3 FROM THE DESIGNATED AUTHO RITY IS YET TO BE ISSUED AND WOULD BE SUBMITTED IN DUE COURSE AND THE SAME SHALL BE FURNISHED AFTER ISSUANCE , , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI . . , . , , BEFORE SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER AND SHRI G. MANJUNATHA , ACCOUNTANT MEMBER ITA NOS.1129 & 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 REPR ESENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE ASSESSEE. 4. WE HAVE PERUSED THE MATERIALS AVAILABLE ON RECOR D AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 5. IN THESE CASES, THE ASSESSEE HAS OPTED FOR THE V IVAD-SE-VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY IS YET TO ISSUE F ORM NO.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. SINCE THE ASSESSEE HAS SUBMITT ED THAT FORM NO.3 WOULD BE SUBMITTED AS AND WHEN IT IS ISSUED AND PRAYED FOR P ERMITTING 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 INJU STICE CAUSED TO THE ASSESSEE IN RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO TH E VIVAD-SE-VISHWAS SCHEME 2020. 7. IN THE RESULT, THE APPEALS OF THE ASSESSEE IN IT A NOS.1129 & 1130/CHNY/2019 ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 05 TH DAY OF MAY, 2021, IN CHENNAI. SD/- SD/- ( . ) ( G. MANJUNATHA ) /ACCOUNTANT MEMBER ( . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER ITA NOS.1129 & 1130/CHNY/2019 :: 3 :: /CHENNAI, /DATED: 05 TH MAY, 2021. TLN /COPY TO: 1. /APPELLANT 4. ' /CIT 2. /RESPONDENT 5. /DR 3. ' ( ) /CIT(A) 6. /GF