Isuzu Motors India Private Limited, CHENNAI V. DCIT Corporate Circle 2(2), CHENNAI

ITTPA 11/CHNY/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7429 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 18 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 11-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2014-2015
• Appeal Filed On: 24-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R ANITHA JCIT

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI . , !' # $% , & !' %' BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBE R # ./ IT(TP)A NO.11/CHNY/2019 ( )( /ASSESSMENT YEAR: 2014-15 M/S. ISUZU MOTORS INDIA PVT. LTD., 9 TH FLOOR PRESTIGE CENTRE COURT, VIJAYA FORUM MAIL, NO.183 NSK SALAI, VADAPALANI, CHENNAI 600 026. VS. THE DY. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-2(2) CHENNAI. [PAN: AADCI 0223K] ( *+ /APPELLANT) ( ,-*+ /RESPONDENT) *+ . / / APPELLANT BY : SHRI SAROJ KUMAR PARIDA, ADVOCATE ,-*+ . / /RESPONDENT BY : MS. R. ANITHA, JCIT . 0& /DATE OF HEARING : 04.02.2021 12) . 0& / DATE OF PRONOUNCEMENT : 11.02.2021 !3 / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF THE DISPUTE RESOLUTION PANEL-2, BENGALURU DATED 28.09.2 018 RELEVANT TO THE ASSESSMENT YEAR 2014-15. I.T(TP) I.T(TP) I.T(TP) I.T(TP)A. NO. A. NO. A. NO. A. NO. 11 1111 11/ // /CHNY CHNY CHNY CHNY/ // /201 201201 2019 99 9 2 2. WHEN THIS APPEAL WAS TAKEN UP FOR HEARING, VIDE LETTER DATED 04.02.2021, 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 SUBMITTED TH AT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 3. ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPRE SENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEARNED 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 AUTHOR ITIES 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. ACCORDINGLY , HE PRAYED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 6. IN VIEW OF THE SUBMISSIONS OF THE ASSESSEE, THE APPEAL FILED BY THE ASSESSEE IS PERMITTED TO BE WITHDRAWN.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 I.T(TP) I.T(TP) I.T(TP) I.T(TP)A. NO. A. NO. A. NO. A. NO. 11 1111 11/ // /CHNY CHNY CHNY CHNY/ // /201 201201 2019 99 9 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 APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 11 TH FEBRUARY, 2021 AT CHENNAI. SD/ - SD/ - ( . ) (S. JAYARAMAN) /ACCOUNTANT MEMBER ( . ) (DUVVURU RL REDDY) /JUDICIAL MEMBER /CHENNAI, 4!# /DATED: 11 TH FEBRUARY, 2021 . EDN, SR. P.S !3 . ,056 76)0 /COPY TO: 1. *+ /APPELLANT 2. ,-*+ /RESPONDENT 3. 80 ( )/CIT(A) 4. 80 /CIT 5. 69: ,0 /DR 6. : ( ; /GF