Silkroad Sugar Pvt. Ltd., CHENNAI V. DCIT, CHENNAI

ITA 963/CHNY/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6295 (ITAT-CHENNAI)
• Duration Of Justice: 4 year(s) 11 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 12-04-2021
• Assessment Year: 2010-2011
• Appeal Filed On: 15-04-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: PALANIVEL S

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: CHENNAI , , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA , ACCOUNTANT MEMBER ./ I . T . A NO. 963 /CHNY/201 6 ASSESSMENT YEAR: 20 10 - 2011 M/S. SILKROAD SUGAR PRIVATE LIMITED, NOW NAME CHANGED TO : M/S. PARRY SUGARS REFINERY INDIA PRIVATE LIMITED, NO.234, N.S.C. BOSE ROAD, CHENNAI 600 001. [PAN: AA DCP 7828H ] VS . THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE RANGE 6(2) KANNAMMAI BUILDINGS, C HENNAI 600 006 . ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. PHILIP GEORGE & MR. PALANIVEL , A DVOCATE S /RESPONDENT BY : M R . SURESH PERIASAMY, J CIT / DATE OF HEARING : 1 2 .0 4 .2021 / DATE OF PRONOUNCEMENT : 1 2 . 0 4 .2021 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER : THIS APPEAL FILED BY THE ASSESSEE IS AG AINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 15 , CHENNAI IN I.T.A. NO. 81/CIT(A) - 15/14 - 15 , DATED 1 3 .0 1 .201 6 RELE VANT TO THE ASSESSMENT YEAR 20 10 - 2011 . I . T . A NO . 963 /CHNY/201 6 : - 2 - : 2. WHEN THIS APPEAL WAS TAKEN UP FOR HEARING, VIDE LE T TER DATED 9 TH APRIL , 2021, THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THEY HA VE OPTED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME 2020 . IT WAS FURTHER A SUBMISSION TH AT FORM NO.3 FROM THE D ESIGNATED A UTHORITY IS YET TO BE ISSUED AND WOULD BE SUBMITTED IN DUE COURSE AND THE SAME SHALL BE FURNISHED AFTER ISSUANCE OF FORM NO.3 . HE HAS FURTHER SUBMITTED THAT THE ASSESSEE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 3. ON TH E OTHER HAND THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE. 4. WE HAVE HEARD BOTH THE SIDES THROUGH VIDEO - CONFERENCING , PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 5. IN THIS CASE, THE ASSESSEE HAS OPTED FOR THE VIVAD - SE - VISHWAS SCHEME 2020 AND THE DESIGNATED AUTH ORITY IS YET TO ISSUE FORM NO.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. I . T . A NO . 963 /CHNY/201 6 : - 3 - : SINCE THE ASSESSEE HAS SUBMITTED THAT FORM NO.3 WOULD BE SUBMITTED AS AND WHEN IT IS ISSUED AND PRAYED FOR PERMITT ING THE A SSESSEE TO WITHDRAW THE APPEAL , 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 APPROPRIATE APPLICATION IN THE EVENT OF ANY INJUSTICE CAUSED TO THE ASSESSEE IN RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO THE VIVAD - SE - VISHWAS SCHEME 2020. 6 . IN THE RESULT, THE APPEA L FILED BY THE ASSESSEE IN I.T.A . NO. 963 /CHNY/201 6 IS DISMISSED AS WITHD RAWN. ORDER PRONOUNCED ON 12 TH APRIL , 2021 IN CHENNAI. SD/ - ( ) ( G. MANJUNATHA) /ACCOUNTANT MEMBER SD/ - ( ) ( V. DURGA RAO ) /JUDICIAL MEMBER / CHENNAI, / DATED: 12 TH APRIL , 2021 IA , SR. PS / COPY TO: 1. / APPELLANT 2. / RESPONDENT 3. ( ) / CIT(A) 4. / CIT 5. / DR 6. / GF