M/S THE LUDHIANA IMPROVEMENT TRUST,LUDHIANA vs. DCIT, LUDHIANA

ITA 1040/CHANDI/2009Status: DisposedITAT Chandigarh12 April 2021AY 2005-063 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 withdrawal of the appeals as the assessee had opted for the Vivad Se Vishwas Scheme and received Form No. 3 from the Income Tax Department. The revenue did not object to the withdrawal.

What were the facts?

The assessee, Ludhiana Improvement Trust, filed multiple appeals before the ITAT for assessment years 2004-05 and 2005-06. The assessee subsequently applied for withdrawal of these appeals.

What were the issues?

Whether the appeals should be withdrawn due to the assessee's participation in the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 5(1) of the Direct Tax Vivad se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Heard together (4 matters)

ITA No. 54/Chd/2009

ITA NO. 84/Chd/2012

ITA NO. 1040/Chd/2009

ITA NO. 398/Chd/2013

Read from the judgment's own cause title. This page is filed under one of them.

आदेश/Order

PER BENCH:

All the above appeals by the assessee are directed against the separate orders of Ld. Commissioners of Income Tax (Appeal)-II, Ludhiana as per following details:

Sl.No. Appeal No. Name of Case CIT(Appeal / s ) Order dt. 1. Ludhiana CIT(A)-II, Ludhiana 27/11/2008 & Improvement Trust & ITA NO. 84/Chd/2012 04/11/2011

For all the above appeals the Ld. Counsel for the Assessee furnished a common application for withdrawal of the appeals which read as under:

Sub: Request for permission to withdraw appeals in the case of Ludhiana Improvement Trust, Feroze Gandhi Market, Ludhiana.. PAN: AAATL4452F and 84/Chandi/2012 .... AY 2004- 398/Chandi/2013 .... AY 2005-06 Sir, Respectfully it is submitted that captioned appeals in the case of Ludhiana Improvement Trust are pending for adjudication before the Hon'ble Bench.

The petitioner seeks permission to withdraw the above captioned appeals as the appellant has moved before Ld. Commissioner of Income Tax, Exemptions, Chandigarh under "Vivad Se Vishwas Scheme". Also, Forms 3 have been issued by CIT Exemptions, Chandigarh on 15.03.2021, copies of the same are enclosed.

Thanking You Yours faithfully Sd/- (Ashwani Kumar) C.A. Counsel for the Appellant

During the course of hearing the Ld. Counsel for the Assessee submitted that since the assessee have availed the immunity scheme i.e; Vivad Se Vishwas and the Income Tax Department has issued Form No. 3, in response to the applications filed by the assessee, under section 5(1) of the Direct Tax Vivad se Vishwas Act, 2020, therefore the appeals of the assessee may be allowed to be withdrawn. The details of above said certificates are as under:

Sl.No. Appeal No. Name of Case Certificate No. 1. Ludhiana 291325630150321 & Improvement Trust ITA NO. 84/Chd/2012

The Ld. DR did not object if the above appeals of the assessee are dismissed as withdrawn.

In view of the above the appeals of the assessee are dismissed as withdrawn.

In the result, appeals of the assessee are dismissed.

Order pronounced on 12/04/2021.

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