TENOVA India Private Limited, CHENNAI V. ACIT Corporate Circle 3(1), CHENNAI

ITTPA 21/CHNY/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5546 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 11 month(s) 3 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 27-01-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 28-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R ANITA
• Section: 201

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI , . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ I . T (TP) NO. 21 /CHNY/2019 ASSESSMENT YEAR: 201 2 - 1 3 M/S. TENOVA INDIA PRIVATE LIMITED, (FORMERLY KNOWN AS M/S. DELKOR TECHNIK INDIA PRIVATE LIMITED, NO.94/3, T.T.K. ROAD, ALWARPET, CHENNAI 600 018. [PAN: A AMCS 6453Q ] VS. THE AS SISTANT COMMISSIONER OF INCOME TAX, NON - CORPORATE CIRCLE 3 (1), CHENNAI 600 034 . ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : NONE /RESPONDENT BY : M S . R. ANITA , JCIT / D ATE OF HEARING : 27 .01.2021 / DATE OF PRONOUNCEMENT : 01. 02. 2021 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER : THIS APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER OF THE LEARNED DEPUTY COMMISSIONER OF INCOME TAX , CHENNAI IN C.R. NO.T - 625/TPO 3(2)/A.Y.2012 - 13, DATED 2 9 .0 1 .201 6 RELE VANT TO THE ASSESSMENT YEAR 201 2 - 2013 . I . T . (TP) NO . 2 1 /CHNY/201 9 : - 2 - : 2. WHEN THIS APPEAL WAS TAKEN UP FOR HEARING, VIDE LE T TER DATED 2 1.12.2020 , THE ASSESSEE HAS SUBMITTED THAT THEY HA VE OPTED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME 2020 . IT WAS FURTHER A SUBMISSION THAT FORM NO.3 FROM THE D ESIGNATED AUTHORITY 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 HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 3. ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEARNE D COUNSEL FOR THE ASSESSEE. 4. WE HAVE HEARD BOTH THE SIDES, 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 AUTHORITY IS YET TO ISSUE FORM NO.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. SINCE THE A SSESSEE HAS SUBMITTED THAT FORM NO. 3 WOULD BE SUBMITTED AS AND WHEN IT I S ISSUED AND PRAYED FOR PERMITT ING THE ASSESSEE TO WITHDRAW THE APPEAL , THE APPEAL FILED BY THE ASSESSEE IS PERMITTED TO BE I . T . (TP) NO . 2 1 /CHNY/201 9 : - 3 - : 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 OF THE ASSESSEE IN I.T. (TP) NO. 2 1 /CHNY/201 9 IS DISMISSED AS WITHDRAWN . ORDER PRONOUNCED ON 1 ST FEBR UARY, 2021 IN CHENNAI. SD/ - ( . ) ( S. JAYARAMAN ) /ACCOUNTANT MEMBER SD/ - ( ) ( V. DURGA RAO ) /JUDICIAL MEMBER / CHENNAI, / DATED: 1 ST FEBR UARY, 2021 IA , SR. PS / COPY TO: 1. / APPELLANT 2. / RESPONDENT 3. ( ) / CIT(A) 4. / CIT 5. / DR 6. / GF