Siemens Building Technologies Pvt. Ltd., CHENNAI V. ACIT, CHENNAI

ITA 1881/CHNY/2011

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1446 (ITAT-CHENNAI)
• Duration Of Justice: 9 year(s) 7 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 13-04-2021
• Assessment Year: 2007-2008
• Appeal Filed On: 21-11-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G SRINIVASA RAO

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI , , , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBE R ./ ITA NO.1881/CHNY/2011 /ASSESSMENT YEARS: 2007-08 M/S. SIEMENS LIMITED, (SUCCESSOR IN INTEREST TO SIEMENS BUILDING TECHNOLOGIES PVT. LTD.,) BIRLA AURORA, LEVEL 21, PLOT NO.1080, DR. ANNIE BESANT ROAD, WORLI, MUMBAI 400 030. VS. THE ASST. COMMISSIONER OF INCOME TAX, COMPANY CIRCLE-VI(3), CHENNAI. [PAN: AAACS 0764L] ( /RESPONDENT) ./ ITA NOS. 1368/CHNY/2016 & 210/CHNY/2018 /ASSESSMENT YEARS: 2008-09 & 2009-10 M/S. SIEMENS LIMITED, (SUCCESSOR IN INTEREST TO SIEMENS BUILDING TECHNOLOGIES PVT. LTD.,) BIRLA AURORA, LEVEL 21, PLOT NO.1080, DR. ANNIE BESANT ROAD, WORLI, MUMBAI 400 030. VS. THE ASST./DY. COMMISSIONER OF INCOME TAX, COMPANY CIRCLE-VI(3)/ CORPORATE CIRCLE-VI(2), CHENNAI. [PAN: AAACS 0764L] ( /RESPONDENT) ( /APPELLANT) / APPELLANT BY : NONE /RESPONDENT BY : MR. G. SRINIVASA RAO, CIT /DATE OF HEARING : 29.06.2021 / DATE OF PRONOUNCEMENT : 29.06.2021 ITA NO.1881/CHNY/2011 AND ITA NOS.1368/CHNY/2016 & 210/CHNY/2018 2 / O R D E R PER SHRI V. DURGA RAO, JUDICIAL MEMBER: THESE THREE APPEALS FILED BY THE ASSESSEE ARE DIREC TED AGAINST THE ORDERS OF THE ASST. COMMISSIONER OF INCOME TAX, COMPANYCIRCLE- VI(3), CHENNAI DATED 26.09.2011 FOR A.Y 2007-08 AND THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-15, CHENNAI DA TED 23.02.2016 & 27.09.2017 RELEVANT TO THE ASSESSMENT YEARS 2008-09 AND 2009-10 RESPECTIVELY. 2. WHEN THESE APPEALS WERE TAKEN UP FOR HEARING, NO NE APPEARED ON BEHALF OF THE ASSESSEE. THE LEARNED COUNSEL FOR THE ASSESSEE VIDE LETTER DATED 09.04.2021 HAS SUBMITTED THAT THE ASSE SSEE HAS OPTED TO AVAIL THE VIVAD-SE-VISHWAS SCHEME 2020 AND FORM NO. 3 WAS ALSO ISSUED IN ALL THE APPEALS. HE HAS ALSO SUBMITTED TH AT HE MAY BE PERMITTED TO WITHDRAW THE APPEALS. 3. ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPRE SENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE. 4. WE HAVE HEARD BOTH THE SIDES THROUGH VIDEO CONFE RENCING, PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. ITA NO.1881/CHNY/2011 AND ITA NOS.1368/CHNY/2016 & 210/CHNY/2018 3 5. IN THIS CASE, THE ASSESSEE HAS OPTED FOR THE VIV AD-SE-VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY HAS ISSUED FORM NO.3 IN ALL THE APPEALS FOR THE SETTLEMENT OF PENDING TAX D ISPUTE. ACCORDINGLY, IT PRAYED THAT IT MAY BE PERMITTED TO WITHDRAW THE APPEALS. 6. IN VIEW OF THE SUBMISSIONS OF THE ASSESSEE, THE APPEALS FILED BY THE ASSESSEE ARE PERMITTED TO BE WITHDRAWN. HOWEVE R, IT IS OPEN TO THE ASSESSEE TO APPROACH THE TRIBUNAL BY FILING AN APPR OPRIATE APPLICATION IN THE EVENT OF ANY INJUSTICE CAUSED TO THE ASSESSE E IN RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO THE VIVAD-SE-VISH WAS SCHEME 2020. 7. IN THE RESULT, ALL THE THREE APPEALS FILED BY TH E ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 29 TH JUNE, 2021 AT CHENNAI. SD/ - SD/ - ( . ) (S. JAYARAMAN ) /ACCOUNTANT MEMBER ( ) (V. DURGA RAO) /JUDICIAL MEMBER /CHENNAI, /DATED: 29 TH JUNE, 2021 . EDN, SR. P.S /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. /GF