DCIT CORPORATE CIRCLE 1, COIMBATORE V. M/S THE PERIA KARAMALAI TEA & PRODUCE CO LTD, COIMBATORE

ITA 1579/CHNY/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8610 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 1 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 10-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R ANITA
• Section: 201

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI , , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA , ACCOUNTAN T MEMBER ./ I . T . A NO. 1579/CHNY/2018 ASSESSMENT YEAR: 201 2 - 20 1 3 THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1, NO.63 - A, RACE COURSE ROAD, COIMBATORE VS. M/S. THE PERIA KARAMALAI TEA & PRODUCE COMPANY LIMITED, PANCHRATN, 286 RACE COURSE ROAD, COIMBATORE 641 018 [PAN: AA ACT 7928H ] ( /APPELLANT) ( /RESPONDENT) ./ I.T.A NO. 1 404/CHNY/2018 ASSESSMENT YEAR: 2012 - 2013 M/S. THE PERIA KARAMALAI TEA & PRODUCE COMPANY LIMITED, PANCHRATN, 286 RACE COURSE ROAD, COIMBATORE 641 018 [PAN: AAACT 7928H] VS. THE ADDITIONAL COMMISSIONER OF INCOME TAX, CORPORATE RANGE , COIMBATORE ( /APPELLANT) ( /RESPONDENT) DEPARTMEN T BY : MS. R. ANITA, JCIT ASSESSEE BY : MR. SAROJ KUMAR PARIDA, ADVOCATE / DATE OF HEARING : 17.06.2021 / DATE OF PRONOUNCEMENT : 17. 06.2021 I . T . A NO . 1579 /CHNY/201 8 & I.T.A. NO.1404/CHNY/2018 : - 2 - : / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER : I.T.A.NO.1579/CHNY/2018 IS AN APPEAL FILED BY THE REVENUE & I.T.A. NO.1404/ CHNY/2018 IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 1, IN APPEAL NO.103/15 - 16 DATED 01.02.2018 FOR THE ASSESSMENT YEAR 201 2 - 201 3 . 2 . AS FAR AS THE MERITS OF THE CASE IS CONCERNED, THE ASSESSEE HAS O PTED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME 2020 AND FORM NO.3 ISSUED BY THE D ESIGNATED A UTHORITY HAS BEEN RECEIVED . HE HAS SUBMITTED THAT HE MAY B E PERMITTED TO WITHDRAW THE APPEAL. 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 I . T . A NO . 1579 /CHNY/201 8 & I.T.A. NO.1404/CHNY/2018 : - 3 - : THE SETTLEMENT OF PENDING TAX DISPUTE. ACCORDINGLY, HE PRAYED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 6 . IN VIEW OF THE SUBMISSIONS OF THE ASSESSEE, THE APPEAL FILED BY THE ASSESSEE IS 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, BOTH THE APPEA L S FILED BY THE REVENUE AS WELL AS THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER P RONOUNCED ON 17 TH JUNE , 2021 IN CHENNAI. SD/ - ( ) ( G. MANJUNATHA) /ACCOUNTANT MEMBER SD/ - ( ) ( V. DURGA RAO ) /JUDICIAL MEMBER / CHENNAI, / DATED: 17 TH JUNE , 2021 IA , SR. PS / COPY TO: 1. / APPELLANT 2. / RESPONDENT 3. ( ) / CIT(A) 4. / CIT 5. / DR 6. / GF