FL Smidth Pvt. Ltd., CHENNAI V. ACIT, CHENNAI

ITA 3422/CHNY/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2824 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 4 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 17-06-2021
• Assessment Year: 2004-2005
• Appeal Filed On: 20-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G JOHNSON
• Assessee Lawyers: S VENKATRAM

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI . . , . , BEFORE SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER AND SHRI G. MANJ UNATHA , ACCOUNTANT MEMBER ./ ITA NO.2599/CHNY/2017 /ASSESSMENT YEAR: 2013-14 M/S. GEM GRANITES, 76, CATHERAL ROAD, GOPALAPURAM, CHENNAI-600 086. V . THE ASST. COMMISSIONER - OF INCOME TAX, NON-CORPORATE CIRCLE-3, CHENNAI. [PAN: AAAFG 2370 F ] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR.S.VENKATRAM, CA /RESPONDENT BY : MR. G. JOHNSON, ADDL. CIT ./ ITA NO.3422/CHNY/2019 /ASSESSMENT YEAR: 2004-05 M/S.FLSMIDTH PVT. LTD., (FORMERLY KNOWN AS F.L.SMIDTH LTD.), FLSMIDTH HOUSE, 34, EGATOOR, KELAMBAKKAM, RAJIV GANDHI SALAI, CHENNAI-603 103. V. THE ASST. COMMISSIONER - OF INCOME TAX, CENTRAL CIRCLE-III(2), CHENNAI. [PAN: AAACF 4 817 F ] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : NONE /RESPONDENT BY : MR.G. JOHNSON, ADDL. CIT ./ ITA NO.3279/CHNY/2016 /ASSESSMENT YEAR: 2004-05 SMT.SADHANA BAI, 87, MINT ST., SOWCARPET, CHENNAI-79. V. THE INCOME TAX OFFICER, NON-CORPORATE WARD-6(3), CHENNAI. [PAN: AASPS 2515 G ] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR.H. YESHWANTH KUMAR, CA /RESPONDENT BY : MR.G. JOHNSON, ADDL. CIT /DATE OF HEARING : 27.04.2021 /DT. OF PRONOUNCEMENT : 03 .0 5 .2021 ITA NO.2599/CHNY/2017 ITA NO.3422/CHNY/2019 ITA NO.3279/CHNY/2016 :- 2 -: / O R D E R PER BENCH : THE ASSESSEES FILED THESE APPEALS AGAINST THE ORDE R OF THE COMMISSIONER OF INCOME TAX (APPEALS), CHENNAI, IN ITA NO.87/2016-17 /AY 2013-14/CIT(A)-4 DATED 14.08.2017 FOR THE AY 2013-14, IN ITA NO.20/C IT(A)-9/2009-10 DATED 01.10.2019 FOR THE AY 2004-05 AND IN ITA NO.68/CIT( A)-5/14-15 DATED 06.10.2016 FOR THE AY 2004-05. 2. WHEN THESE APPEALS WERE TAKEN UP FOR HEARING, TH E LEARNED COUNSEL FOR THE ASSESSEES HAS SUBMITTED THAT THE ASSESSEE HAS O PTED TO AVAIL THE VIVAD-SE- VISHWAS SCHEME 2020 AND FORM NO.3 WERE ALSO ISSUED. IT/SHE HAS SUBMITTED THAT IT/SHE MAY BE PERMITTED TO WITHDRAW THE APPEAL S. 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPR ESENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEAR NED COUNSELS FOR THE ASSESSEES. 4. WE HAVE HEARD BOTH THE SIDES, PERUSED THE MATERI ALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELO W. 5. IN THIS CASE, THE ASSESSEES HAVE OPTED FOR THE V IVAD-SE-VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY HAS ISSUED FORM N O.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. ACCORDINGLY, IT/SHE PRAYED TH AT IT/SHE MAY BE PERMITTED TO WITHDRAW THE APPEALS. 6. IN VIEW OF THE SUBMISSIONS OF THE ASSESSEES, THE APPEALS FILED BY THE ASSESSEES ARE PERMITTED TO BE WITHDRAWN. HOWEVER, IT IS OPEN TO THE ASSESSEES ITA NO.2599/CHNY/2017 ITA NO.3422/CHNY/2019 ITA NO.3279/CHNY/2016 :- 3 -: TO APPROACH THE TRIBUNAL BY FILING AN APPROPRIATE A PPLICATION IN THE EVENT OF ANY INJUSTICE CAUSED TO THE ASSESSEES IN RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO THE VIVAD-SE-VISHWAS SCHEME 2020. 7. IN THE RESULT, THE APPEALS OF THE ASSESSEES IN I TA NO.2599/CHNY/2017, ITA NO.3422/CHNY/2019 & ITA NO.3279/CHNY/2016 ARE DISMI SSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 03 RD DAY OF MAY, 2021, IN CHENNAI. S D/ - S D/ - ( . ) ( G. MANJUNATHA ) / ACCOUNTANT MEMBER ( . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER /CHENNAI, /DATED: 03 RD MAY, 2021. TLN /COPY TO: 1. /APPELLANT 4. /CIT 2. /RESPONDENT 5. /DR 3. ( ) /CIT(A) 6. /GF