DCIT, CC - 3 91), CHENNAI V. TAMILNADU GENERATION & DISTRIBUTION CORPN. LTD., CHENNAI

ITA 2818/CHNY/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6390 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 03-10-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS R ANITHA

Judgement Text

./ ITA NO.2793/CHNY/2019 /ASSESSMENT YEAR: 2011-12 M/S.TAMIL NADU GENERATION & DISTRIBUTION CORPORATION LTD., 7 TH FLOOR, NO.144, NPKRR MALIGAI, ANNA SALAI, CHENNAI-600 002. V . THE ASST. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-3(1), CHENNAI. [PAN: AADCT 4784 E ] ( /APPELLANT) ( /RESPONDENT) ./ ITA NO.2818/CHNY/2019 /ASSESSMENT YEAR: 2011-12 THE DY. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-3(1), CHENNAI. V . M/S.TAMIL NADU GENERATION & DISTRIBUTION CORPORATION LTD., 7 TH FLOOR, NO.144, NPKRR MALIGAI, ANNA SALAI, CHENNAI-600 002. [PAN: AADCT 4784 E] ( /APPELLANT) ( /RESPONDENT) ASSESSEE BY : MR.VIKRAM VIJAYARAGHAVAN, ADV. DEPARTMENT BY : MRS.R.ANITHA, JCIT /DATE OF HEARING : 10.08.2021 /DATE OF PRONOUNCEMENT : 10.08.2021 / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER: THESE APPEALS FILED BY THE ASSESSEE AS WELL AS THE REVENUE IN ITA NO.2793/CHNY/2019 & IN ITA NO.2818/CHNY/2019 AG AINST THE , , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI . . , . , , BEFORE SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ITA NO.2793 /CHNY/2019 & ITA NO.2818/CHNY/2019 :: 2 :: ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-1 1, CHENNAI, IN ITA NO.96/18-19 DATED 11.07.2019 FOR THE AY 2011-12 . 2. WHEN THESE APPEALS WERE TAKEN UP FOR HEARING, TH E LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HA S OPTED TO AVAIL THE VIVAD-SE-VISHWAS SCHEME 2020 AND FORM NO.3 WERE ALS O ISSUED. IT WAS FURTHER SUBMITTED THAT THE ASSESSEE MAY BE PERMITTE D TO WITHDRAW ITS APPEAL AS WELL AS THE APPEAL FILED BY THE REVENUE. 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPR ESENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEAR NED COUNSEL FOR THE ASSESSEE. 4. WE HAVE HEARD BOTH THE SIDES, PERUSED THE MATERI ALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITI ES BELOW. 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 FOR THE SETTLEMENT OF PENDING TAX DISPUTE ARISING OUT OF TH E APPEALS OF THE ASSESSEE AND THE REVENUE. ACCORDINGLY, IT PRAYED THAT IT MA Y BE PERMITTED TO WITHDRAW THE APPEAL. 6. IN VIEW OF THE ABOVE SUBMISSIONS, THE APPEAL FIL ED BY THE ASSESSEE AND THE REVENUE ARE PERMITTED TO BE WITHDRAWN. HOW EVER, IT IS OPEN TO THE ASSESSEE TO APPROACH THE TRIBUNAL BY FILING AN APPROPRIATE APPLICATION ITA NO.2793 /CHNY/2019 & ITA NO.2818/CHNY/2019 :: 3 :: 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, THE APPEALS FILED BY THE ASSESSEE AS WELL AS THE REVENUE IN ITA NO.2793/CHNY/2019 & ITA NO.2818/CHNY/2019 AR E DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 10 TH DAY OF AUGUST, 2021, IN CHENNAI. SD/- SD/- ( . ) ( G. MANJUNATHA ) /ACCOUNTANT MEMBER ( . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER /CHENNAI, /DATED: 10 TH AUGUST, 2021. TLN /COPY TO: 1. /APPELLANT 4. ' /CIT 2. /RESPONDENT 5. /DR 3. ' ( ) /CIT(A) 6. /GF