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आदेश/Order PER BENCH:
All the above appeals by the Assessee are directed against the separate orders of different Ld. Commissioners of Income Tax (Appeal) at various stations as per following details:
Sl.No. Appeal No. Name of Case CIT(Appeal / s ) Order dt. 1. M/s Indian Acrylics Limited CIT(A)-1, Chandigarh 24/04/2014 2. ITA No. 27/CHD/2016 M/s Indian Acrylics Limited CIT(A)-2, Chandigarh 24/11/2015 3. ITA No. 1289/CHD/2018 M/s Indian Acrylics Limited CIT(A)-3, Gurgaon 06/07/2018 4. ITA No. 1290/CHD/2018 M/s Indian Acrylics Limited CIT(A)-3, Gurgaon 06/07/2018 5. ITA No. 1092/CHD/2014 M/s Indian Acrylics Limited CIT(A)-3, Gurgaon 31/05/2019
The Authorised Signatory for the Assessee furnished the common application in all the above appeals stating therein as under :
ITA No. 27/Chd/2016 for AY 2008-09, for AY 2007-08, ITANo. 1092/Chd/2019 for AY 2016-17. ITA No. 1289/Chd/2018 for AY 2014-15 and ITA No. 1290/Chd/2018 for AY 2015-16 of Indian Acrylics Ltd. Hon'ble Sir, With reference to aforesaid appeals pending before Hon'ble ITAT, it is respectfully submitted that the assesse has filed a declaration in Form 1 & 2 under Vivad se Vishwas Scheme with a view to close the litigation in the present cases. As per Section 4(2) of the Direct Tax Vivad Se Vishwas Act, 2020, upon the filing of the declaration, any appeal pending before the Income Tax Appellate Tribunal, in respect of the disputed income or disputed interest or disputed penalty or disputed fee and tax arrears shall be deemed to have been withdrawn from the date on which certificate under sub-section (1) of section 5 i.e Certificate in Form 3 is issued by the designated authority. The assessee has already received Certificate in Form 3 as issued by the designated authority. Detail of the Form 3 in each appeal is as under:
Appeal No. AY Certificate no. in Form 3 and Dated 27/Chd/2016 AY 2008-09 209329640140121 dated 14.01.2021 655/Chd/2014 AY 2007-08 209241170140121 dated 14.01.2021 1092/Chd/2019 AY 2016-17 244981500080221 dated 08.02.2021 1289/Chd/2018 AY 2014-15 244984080080221 dated 08.02.2021 1290/Chd/2018 AY 2015-16 244986620080221 dated 08.02.2021 Copy of the Form 3 issued in each appeal is attached please. Therefore, it is respectfully submitted that the aforesaid appeals may please be treated accordingly.
Thanking You, Yours faithfully, For INDIAN ACRYLICS LTD Sd/- Authorised Signatory
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 since 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. M/s Indian Acrylics Limited 1. 209241170140121 M/s Indian Acrylics Limited 2. ITA No. 27/CHD/2016 209329640140121 ITA No. 1289/CHD/2018 3. M/s Indian Acrylics Limited 244984080080221 ITA No. 1290/CHD/2018 M/s Indian Acrylics Limited 4. 244986620080221 ITA No. 1092/CHD/2014 M/s Indian Acrylics Limited 5. 244981500080221
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 02/03/2021