M/S IND SWIFT LTD.,CHANDIGARH vs. DCIT, C-1(1), CHANDIGARH

ITA 1501/CHANDI/2019Status: DisposedITAT Chandigarh19 April 2021AY 2002-032 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's application to withdraw the appeal. The appeal was dismissed as withdrawn in view of the settlement under the Vivad Se Vishwas Scheme.

What were the facts?

The assessee filed an appeal against an order of the CIT(A). During the pendency of the appeal, the assessee opted to settle the dispute under the Vivad Se Vishwas Scheme. The Income Tax Department issued a certificate under the scheme.

What were the issues?

Whether an appeal can be withdrawn if the dispute has been settled under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

आदेश/Order

PER N.K. SAINI, VICE PRESIDENT:

This is an appeal filed by the Assessee against the order of the Ld. CIT(A)-4, Ludhiana dt. 27/09/2019.

In the present case, the Assessee has furnished an application for withdrawal of this appeal stating therein as under:

Sub: Withdrawal of Appeal filed before the Hon'ble Tribunal MAY IT PLEASE YOUR HONORS 1 . This is in relation to the appeal bearing for the A.Y. 2002-03 which is listed for hearing on 19.04.2021 before A bench of this Hon'ble Tribunal 2. That the applicant has opted to settle the dispute in the said appeal and filed the application under the Vivad Se Vishwas Scheme in accordance with Direct Tax Vivaad se Vishwas Act, 2020.

3. That the applicant has received Form 3 under the Vivad Se Vishwas Scheme and the scanned copy of the same are enclosed with this application.

4. That in view of the above, the applicant wishes to withdraw the said appeal filed before the Hon'ble Tribunal. PRAYER In view of the above circumstances, it is prayed to kindly allow the withdrawal of the appeal filed by the applicant.

For this act of kindness, the applicant shall ever be grateful. Prayed Accordingly Sd/- Ind Swift Ltd.

During the course of hearing the Ld. Counsel for the Assessee submitted that since the assessee has availed the immunity scheme i.e; Vivad Se Vishwas and the Income Tax Department has since issued Form 3 bearing Certificate No. 941151300291220, in response to the application filed by the assessee, under section 5(1) of the Direct Tax Vivad se Vishwas Act, 2020, therefore the appeal of the assessee may be allowed to be withdrawn.

The Ld. DR did not object if appeal of the assessee is dismissed as withdrawn.

In view of the above the appeal of the assessee is dismissed as withdrawn.

In the result, appeal of the assessee is dismissed.

(Order pronounced in the open Court on 19/04/2021 )

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