M/S. PARRYS SUGARS REFINERY INDIA PVT. LTD., CHENNAI V. DCIT, CORPORATE CIRCLE 5 (1), CHENNAI

ITA 1867/CHNY/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6806 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 10 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 28-04-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 20-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 201; 20

Judgement Text

, , IN THE INCOME - TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . , . , BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER & SHRI G. MANJUNATHA , ACCOUN TANT MEMBER ./ I.T.A. NO. 1867 / CHNY /2019 / ASSESSMENT YEAR: 20 1 5 - 2016 M/S. PARRY SUGARS REFINERY INDIA PRIVATE LIMITED., NO.234, DARE HOUSE, N.S.C. BOSE ROAD, PARRYS CORNER, CHENNAI 600 001 [PAN: AADCP 7828H ] VS. DEPUTY COMMISS IONER OF INCOME TAX, CORPORATE CIRCLE 5(1), ROOM NO.414, MAIN BUILDING, AAYAKAR BHAWAN, NO.121, MAHATMA GANDHI ROAD, NUNGAMBAKKAM,CHENNAI 600 034. ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI . D. PAL ANIVEL, ADVOCATE / RESPONDENT BY : SHRI . SURESH PERIASAMY, ADDL. CIT / DATE OF HEARING : 2 8 . 0 4 .20 2 1 / DATE OF PRONOUNCEMENT : 03. 0 5 .20 2 1 / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER : THE ASSESSEE FILED THIS APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 3 , CHENNAI, IN I.T.A. NO.112/2017 - 18/A - 3 DATED 12.04.2019 FOR THE A SSESSMENT Y EAR 201 5 - 20 1 6 . 2. WHEN THIS APPEAL WAS TAKEN UP FOR HEARING, THE LEARNED COUNSEL FO R THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HAS OPTED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME 2020 AND FORM NO.3 WAS ALSO ISSUED. HE HAS SUBMITTED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPRESENTA TIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE. I.T.A. NO. 1867 CHNY / 2019 2 4. WE HAVE HEARD BOTH THE SIDES THROUGH VIDEO - CONFERENCING , PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 5. I N 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. 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 ASS ESSEE IN RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO THE VIVAD - SE - VISHWAS SCHEME 2020. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE IN I . T . A NO. 1867 /CHNY/2019 IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 3 RD MAY , 2021 IN CHENNAI . SD/ - ( G. MANJUNATHA ) ACCOUNTANT MEMBER SD/ - (DUVVURU RL REDDY) JUDICIAL MEMBER CHENNAI, DATED: 03. 0 5 .2021 IA, SR. PS / COPY TO: 1. / APPELLANT, 2. / RESPONDENT, 3. ( ) / CIT(A), 4. / CIT, 5. / DR & 6. / GF.