Michelin India Private Limited, CHENNAI V. ACIT Company Circle 4(1), CHENNAI

ITTPA 54/CHNY/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1439 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 11 month(s) 16 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 28-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 12-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G SRINIVASA RAO

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI , , , % BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBE R ./ IT(TP)A NO.54/CHNY/2019 /ASSESSMENT YEAR: 2011-12 M/S. MICHELIN INDIA PVT. LTD., 3 RD FLOOR, ORCHID BUSINESS PARK, SECTOR -48, SOHNA ROAD, GURGAON-122 002. [PAN: AAGCM 0107K] VS. THE ASST. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-4(1), CHENNAI. ( ( /APPELLANT) ( )*( /RESPONDENT) ( / APPELLANT BY : NONE )*( /RESPONDENT BY : MR. G. SRINIVASA RAO, CIT /DATE OF HEARING : 28.06.2021 / DATE OF PRONOUNCEMENT : 28.06.2021 / O R D E R PER SHRI V. DURGA RAO, JUDICIAL MEMBER : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-44 , NEW DELHI IN APPEAL NO.35/2017-18/CIT(A)-44 DATED 18.04.2019 REL EVANT TO THE ASSESSMENT YEAR 2012-12. I.T(TP)A NO.54/CHNY/2019 :- 2 -: 2. WHEN THIS APPEAL IS TAKEN UP FOR HEARING, VIDE L ETTER DATED 05.05.2021, 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 ALSO SUBMITT ED THAT 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 THROUGH VIDEO CONFE RENCING, 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 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 IN VIEW OF THE SUBMISSIONS OF THE ASSESSEE, THE APPEAL FILED BY THE ASSESSEE IS PERMITTED TO BE WITHDRAWN.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)A NO.54/CHNY/2019 :- 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 28 TH JUNE, 2021 IN CHENNAI. SD/ - SD/ - ( . ) (S. JAYARAMAN ) /ACCOUNTANT MEMBER ( ) (V. DURGA RAO) /JUDICIAL MEMBER /CHENNAI, /DATED: 28 TH JUNE, 2021 . EDN, SR. P.S /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. /GF