BGR BOILERS PVT. LTD., CHENNAI V. DCIT, CORPORATE CIRLCE - I (2), CHENNAI

ITTPA 17/CHNY/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4143 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 8 month(s) 7 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 30-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2015-2016
• Appeal Filed On: 22-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 20

Judgement Text

IT (TP) A NO. 17 /CHNY/20 20 /ASSESSMENT YEAR: 2015-16 M/S.BGR BOILERS PVT. LTD., 443, GUNA BUILDING, ANNA SALAI, TEYNAMPET, CHENNAI. V . THE DY. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-1(2), CHENNAI. [ PAN: AADCB 7238 D ] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR.H. YESHWANTH KUMAR, CA /RESPONDENT BY : MRS.R.ANITA, ADDL.CIT /DATE OF HEARING : 15.09.2021 /DATE OF PRONOUNCEMENT : 30.09.2021 / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER: THE ASSESSEE FILED THIS APPEAL AGAINST THE ASSESSM ENT ORDER PASSED U/S.143(3) R.W.S.92CA & 144C(13) OF THE INCOME TAX ACT, 1961, VIDE LETTER NO.ITBA/COM/F/17/2019-20/1021085935(1) DATED 26.11. 2019 FOR THE AY 2015-16. 2. WHEN THIS APPEAL WAS TAKEN UP FOR HEARING, THE L EARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HAS OPTED TO AVAIL THE VIVAD-SE-VISHWAS SCHEME 2020 AND FORM NO.3 WAS ALSO ISSUED. THE ASS ESSEE HAS SUBMITTED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPR ESENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEARNED COU NSEL FOR THE ASSESSEE. , , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI . . , . , , BEFORE SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER IT (TP) A NO.17/CHNY/2020 :: 2 :: 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 ASSESSEE HAS OPTED FOR THE VIV AD-SE-VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY HAS ISSUED FORM NO.3 F OR THE SETTLEMENT OF PENDING TAX DISPUTE. ACCORDINGLY, THE ASSESSEE 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 IN VIEW OF THE SUBMISSIONS OF THE ASSESSEE, THE APPEAL FILED BY THE ASSESSEE IS PERMITTED TO BE WITHDRAWN.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 APPROPRIATE APPLICATION I N THE EVENT OF ANY INJUSTICE CAUSED TO THE ASSESSEE IN RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO THE VIVAD-SE-VISHWAS SCHEME 2020. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE IN IT (TP) A NO.17/CHNY/2020 IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 30 TH DAY OF SEPTEMBER, 2021, IN CHENNAI. SD/- SD/- ( . ) ( G. MANJUNATHA ) /ACCOUNTANT MEMBER ( . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER /CHENNAI, /DATED: 30 TH SEPTEMBER, 2021. TLN /COPY TO: 1. /APPELLANT 4. ' /CIT 2. /RESPONDENT 5. /DR 3. ' ( ) /CIT(A) 6. /GF