ACIT (LTU), Chennai V. TAMILNADU PETRO PRODUCTS LIMITED, Chennai

ITA 3330/CHNY/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 0035 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 1 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-01-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 05-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

आयकर अपीलीय अिधकरण, ‘ए’ ᭠यायपीठ, चे᳖ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI Įी महावीर ͧसंह, उपाÚय¢ एवं Įी मनोज क ु मार अĒवाल, लेखा सदèय के सम¢ BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENTAND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.: 3330/CHNY/2019 िनधाᭅरण वषᭅ /Assessment Year: 2011-12 The ACIT, Large Taxpayer Unit-2, Chennai – 34. v. M/s. Tamilnadu Petro Products Limited, Post Box No.9, Manali Express Highway, Manali, Chennai – 600 068. PAN: AAACT 1295M (अपीलाथᱮ/Appellant) (ᮧ᭜यथᱮ/Respondent) अपीलाथᱮ कᳱ ओर से/Appellant by : Shri AR.V. Sreenivasan, Addl.CIT ᮧ᭜यथᱮ कᳱ ओर से/Respondent by : Shri R. Vijayaraghavan, Advocate स ु नवाई कȧ तारȣख/Date of Hearing : 12.01.2022 घोषणा कȧ तारȣख/Date of Pronouncement : 18.01.2022 आदेश /O R D E R PER MAHAVIR SINGH, VP: This appeal by the assessee is arising out of order of the Commissioner of Income Tax (Appeals)-9, Chennai dated 20.09.2019 for the assessment year 2011-12. 2. At the outset, the ld.CIT – DR stated that the Revenue has filed a letter dated 10.01.2022 for withdrawal of appeal. He 2 I.T.A. No.3330/Chny/2019 referred to this letter dated 10.01.2022 in C.No.AACT1295M/ITAT/LTU1/2021-22 stating that the Department has preferred an appeal before ITAT against the order of CIT(A) in ITA No.116(2011-12) & 17(2011-12) dated 20.09.2019. But the assessee has opted for Direct Tax Vivad se Vishwas Act, 2020 and the appeal was withdrawn by the Department and Form No.5 for and full final settlement of tax arrears u/s.5(2) r.w.s.6 of Direct Tax Vivad se Vishwas Act, 2020 was already issued by PCIT-4, Chennai dated 28.10.2021. Vide this Form No.5, demand was quantified at Rs.59,79,360/- and this is already paid by assessee on 25.10.2021. 3. The dispute arose as regards to departmental appeal whether the tax is paid are full and final. Now, the Revenue has filed this letter and stated that while quantifying the tax liability under the VSVS scheme, certain payments made by the assessee were given effect and 50% of the disputed tax was calculated to be paid by the assessee and hence disputed tax was computed at Rs.59,79,360/- which was paid and appeal was withdrawn by the assessee. 4. Now, the Revenue in its letter admitted that as per records available in the office of ACIT, Large Tax Unit, Range-1, Chennai there is only one appeal filed by Department before ITAT and this 3 I.T.A. No.3330/Chny/2019 appeal is duplication of the appeal preferred and withdrawn earlier before the ITAT. Therefore, it was requested by ld.CIT-DR that this may be permitted to be withdrawn in view of the letter of the AO. When this was put to ld.counsel for the assessee, he also agreed with the submissions made by the ld.CIT-DR. In view of the above facts we permit the withdrawal and the appeal is dismissed as withdrawn. 5. In the result, the appeal filed by the Revenue is dismissed as withdrawn. Order pronounced in the open court on 18 th January, 2022 at Chennai. Sd/- Sd/- (मनोज कुमार अᮕवाल) (MANOJ KUMAR AGGARWAL) लेखा सद᭭य /ACCOUNTANT MEMBER (महावीर ᳲसह ) (MAHAVIR SINGH) उपा᭟यᭃ /VICE PRESIDENT चे᳖ई/Chennai, ᳰदनांक/Dated, the 18 th January, 2022 RSR आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy to: 1. अपीलाथᱮ/Appellant 2. ᮧ᭜यथᱮ/Respondent 3. आयकर आयुᲦ (अपील)/CIT(A) 4. आयकर आयुᲦ /CIT 5. िवभागीय ᮧितिनिध/DR 6. गाडᭅ फाईल/GF.