M/S LEELA MERCANTILE PVT. LTD.,CHANDIGARH vs. ITO, CHANDIGARH

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ITA 827/CHANDI/2015Status: DisposedITAT Chandigarh01 March 2021AY 2009-102 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 to withdraw the appeal as the assessee had availed the 'Vivad Se Vishwas Scheme' and the Income Tax Department had issued the necessary certificate.

What were the facts?

The assessee filed an appeal against the order of the CIT(A). During the pendency of the appeal, the assessee opted for the 'Vivad Se Vishwas Scheme' and received Form No. 3.

What were the issues?

Whether an appeal can be withdrawn if the assessee has opted for the 'Vivad Se Vishwas Scheme' and obtained the relevant certificate.

Which sections of the Income-tax Act were involved?

Section 5(1)

AI-generated summary — verify with the full judgment below

आदेश/Order

PER N.K. SAINI, VICE PRESIDENT:

1.

This is an appeal filed by the Assessee against the order of the Ld. CIT(A)-1, Chandigarh dt. 06/10/2015.

2.

The Ld. Counsel of the Assessee has furnished an application for withdrawal of this appeal stating therein as under:

Sub: Submission of Form No. 3 issued under 'Vivad Se Vishwas Scheme' and request for withdrawal of appeal in the case M/s Leela Mercantile Pvt. Ltd. I.T.A. No. : 827/C1 ID/2015 AY. 2009-10 Date of Hearing: 01.03.2021.

Kindly refer to the above mentioned appeal is fixed for hearing before the Hon'ble Bench for 01.03.2021. It is respectfully submitted that the appellant had opted for 'Vivad Se Vishwas Scheme' and has received Form No.3. The copy of which is enclosed herewith. The appeal filed by the appellant is hereby withdrawn.

In view of the above submission, it is humbly requested that appellant may kindly be allowed to withdraw the appeal. Thanking you, Yours faithfully Sd/ (Vineet Krishan) Counsel 3. 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. 230867610280121, 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section 5(1) of the Direct Tax Vivad se Vishwas Act, 2020, therefore the appeal of the assessee may be allowed to be withdrawn.

4.

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 DR did not object if appeal of the assessee is dismissed as withdrawn.

5.

In view of the above the appeal of the assessee is dismissed as withdrawn.

6.

In the result, appeal of the assessee is dismissed.

(Order pronounced in the open Court on 01/03/2021 )

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