Super Spinning Mills Limited, Coimbatore V. DCIT, Coimbatore

ITA 560/CHNY/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9822 (ITAT-CHENNAI)
• Duration Of Justice: 4 year(s) 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 06-05-2021
• Assessment Year: 2004-2005
• Appeal Filed On: 06-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S SRIDHAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: CHENNAI , , & BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./ ITA NO.560/CHNY/2017 /ASSESSMENT YEAR: 2004-05 M/S. SUPER SPINNING MILLS LTD., ELGI TOWERS PB 7113, GREEN FIELDS, PULIYAKULAM ROAD, COIMBATORE 641 045. [PAN: AADCS 0672G] VS. THE DY. COMMISSIONER OF INCOME TAX, COMPANY CIRCLE-I(2), COIMBATORE. ( ( /APPELLANT) ( )*( /RESPONDENT) ( / APPELLANT BY : MR.S. SRIDHAR, ADVOCATE )*( /RESPONDENT BY : MR. SURESH PERIASAMY, JCIT /DATE OF HEARING : 19.07.2021 / DATE OF PRONOUNCEMENT : 19.07.2021 / O R D E R PER SHRI V. DURGA RAO, JUDICIAL MEMBER : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-1, CHENNAI IN I.T.A NO.62/10-11DATED 31.08.2016 RELEVANT TO THE A SSESSMENT YEAR 2004-05. I.T.A NO.560 /CHNY/2017 :- 2 -: 2. THE APPEAL FILED BY THE ASSESSEE IS DELAYED BY 1 04 DAYS, FOR WHICH, THE ASSESSEE HAS FILED AN AFFIDAVIT FOR COND ONATION OF THE DELAY, TO WHICH, THE LD. DR HAS NOT RAISED ANY SERIOUS OBJ ECTION. CONSEQUENTLY, SINCE THE ASSESSEE WAS PREVENTED BY S UFFICIENT CAUSE, THE DELAY OF 104 DAYS IN FILING OF THE APPEAL STAND S CONDONED AND THE APPEAL IS ADMITTED FOR ADJUDICATION. 3. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, VIDE L ETTER DATED 19.07.2021, THE LEARNED COUNSEL FOR THE ASSESSEE HA S SUBMITTED THAT THE ASSESSEE HAS OPTED TO AVAIL THE VIVAD-SE-VISHWA S SCHEME 2020 AND FORM NO.3 WAS ALSO ISSUED. HE HAS ALSO SUBMITT ED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 4. ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPRE SENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE. 5. 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. 6. 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 I.T.A NO.560 /CHNY/2017 :- 3 -: THE SETTLEMENT OF PENDING TAX DISPUTE. ACCORDINGLY , IT PRAYED THAT IT MAY BE PERMITTED TO WITHDRAW THE APPEAL. 7. 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 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. 8. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 19 TH JULY, 2021 IN CHENNAI. SD/ - SD/ - ( ) (G. MANJUNATHA) /ACCOUNTANT MEMBER ( ) (V. DURGA RAO) /JUDICIAL MEMBER /CHENNAI, /DATED: 19 TH JULY, 2021 . EDN, SR. P.S /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. /GF