Redington (India) Ltd., CHENNAI V. ACIT Corporate Circle 5(1), CHENNAI

ITTPA 20/CHNY/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0150 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 4 month(s) 23 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 15-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2014-2015
• Appeal Filed On: 22-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G SRINIVASA RAO
• Assessee Lawyers: R VIJAYARAGHAVAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI . . , . , BEFORE SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER AND SHRI S. JAYAR AMAN, ACCOUNTANT MEMBER ./ IT(TP)A NO.20/CHNY/2019 /ASSESSMENT YEAR: 2014-15 M/S.REDINGTON (INDIA) LTD., NO.95, MOUNT ROAD, SPL GUINDY HOUSE, GUINDY, CHENNAI-32. V . THE ASST. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-5(1), CHENNAI. [PAN: AABCR 0347 P ] ( # /APPELLANT) ( $%# /RESPONDENT) # / APPELLANT BY : MR. R.VIJAYARAGHAVAN, ADV. $%# /RESPONDENT BY : MR. G.SRINIVASA RAO, CIT /DATE OF HEARING : 15 .0 7 .20 2 1 /DT. OF PRONOUNCEMENT : 15 .07 .2021 / O R D E R PER DUVVURU R.L. REDDY, JUDICIAL MEMBER: THE ASSESSEE FILED THIS APPEAL AGAINST THE ORDER O F THE COMMISSIONER OF INCOME TAX, DISPUTE RESOLUTION PANEL-2, BENGALURU, DATED 12.09.2018 FOR THE AY 2014-15. 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. HE FURTHER SUBMITTED THAT THE ASSESSEE HAS AVAILED THE SCHEME FOR UNNUMB ERED REVENUE APPEAL AND FORM NO.3 ALSO ISSUED BY THE DEPARTMENT FOR THAT UN NUMBERED REVENUE APPEAL. THE LD. DEPARTMENTAL REPRESENTATIVE HAS SUBMITTED T HAT THEY HAVE NOT FILED ANY IT (TP) A NO.20/CHNY/2019 :- 2 -: APPEAL BEFORE THE INCOME TAX APPELLATE TRIBUNAL TIL L DATE. IT HAS SUBMITTED THAT IT 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 LEAR NED 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 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 N O.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. ACCORDINGLY, IT PRAYED THAT I T 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 APPL ICATION 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. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE IN IT (TP) A NO.20/CHNY/2019 IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THE 15 TH DAY OF JULY, 2021, IN CHENNAI. S D/ - S D/ - ( . ) (S. JAYARAMAN) / ACCOUNTANT MEMBER ( ,- . . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER IT (TP) A NO.20/CHNY/2019 :- 3 -: /CHENNAI, /DATED: 15 TH JULY, 2021. TLN $ / /COPY TO: 1. # /APPELLANT 4. 0 /CIT 2. $%# /RESPONDENT 5. $ /DR 3. 0 ( ) /CIT(A) 6. /GF