Janaki Cotton Mills P Ltd, Tirunelveli V. JCIT, Tirunelveli Range, Tirunelvelli

ITA 1791/CHNY/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2285 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 8 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 10-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G CHANDRABABU
• Assessee Lawyers: S SRIDHAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI , . , BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./ ITA NOS.: 623 & 1791/CHNY/2019 / ASSESSMENT YEAR: 2013-14 M/S. JANAKI COTTON MILLS P.LTD., 51 A-B, MARKET STREET, VALLIOOR, TIRUNELVELI 627 117. PAN : AAACJ4517C V. THE J CIT, TIRUNELVELI RANGE, TIRUNELVELI. ( /APPELLANT) ( /RESPONDENT) / APPELLANTS BY : SHRI S. SRIDHAR, ADVOCATE /RESPONDENTS BY : SHRI G. CHANDRABABU, ADDL.CIT /DATE OF HEARING : 17.02.2021 /DATE OF PRONOUNCEMENT : 17.02.2021 / O R D E R PER MAHAVIR SINGH, VP: THESE 2 APPEALS FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE RESPECTIVE ORDERS OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-1, MADURAI IN ITA NO.281/2016-17 DATED 19.02.2019 & ITA NO.280A/2016- 17 DATED 06.05.2019 FOR THE ASSESSMENT YEAR 2013-14. 2. WE HAVE HEARD THE COUNSEL FOR THE ASSESSEE AND THE LD. DR AND ALSO PERUSED THE MATERIAL AVAILABLE ON RECORD. AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE HAVE MADE A STATEMENT AT BAR THAT THE ASSESSEE WANTS TO UTILIZE THE DIRECT TAXES VIVAD SE VISHWAS SCHEME, 2020 TO 2 I.T.A. NO.623 & 1791/CHNY/2019 (VSVS) SETTLE PENDING DISPUTE RELATING TO DIRECT TAXES AND IN THIS REGARD THE ASSESSEE HAS FILED FORM NO 1 AND 2 AND AWAITING FORM NO. 3 FROM THE DESIGNATED AUTHORITY. THEREFORE, ONCE THE ASSESSEE FILE A DECLARATION IN FORM NO.1 AND 2 ALONG WITH UNDERTAKING AND EXPRESSED ITS WILLINGNESS TO SETTLE PENDING DISPUTES REGARDING DIRECT TAXES, THEN THERE IS NO POINT IN KEEPING APPEALS FILED BY THE ASSESSEE. IT IS NOTED THAT IN AN IDENTICAL APPLICATION FILED BY AN ASSESSEE IN THE CASE OF M/S. NANNUSAMY MOHAN (HUF) VS. ACIT IN T.C.A NO.372 OF 2020, THE HONBLE JURISDICTIONAL HIGH COURT OF MADRAS HAS DISMISSED THE APPEAL AS WITHDRAWN. HENCE BY FOLLOWING THE DECISION OF THE HONBLE MADRAS HIGH COURT, WE ARE DISMISSING THESE APPEALS SUBJECT TO LIBERTY TO THE ASSESSEE TO GET IT RECALLED IN CASE, THE ASSESSEE DOES NOT SUCCEED IN AVAILING THE SCHEME I.E., VIVAD SE VISHWAS SCHEME 2020 FOR WHATEVER REASON. 3. IN THE RESULT, BOTH THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH FEBRUARY, 2021 AT CHENNAI. SD/- SD/- ( . ) (G. MANJUNATHA) /ACCOUNTANT MEMBER ( ) (MAHAVIR SINGH) /VICE PRESIDENT /CHENNAI, /DATED, THE 17 TH FEBRUARY, 2021 RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( ) /CIT(A) 4. /CIT 5. /DR 6. /GF.