A.S.PRECISION MACHINES PVT.LTD vs. DEPUTY COMMISSIONER OF INCOME TAX, LUDHIANA

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ITA 658/CHANDI/2017Status: DisposedITAT Chandigarh23 February 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 noted that the assessee had availed the Vivad Se Vishwas scheme and the Income Tax Department had issued a certificate in response to the application. Therefore, the appeal was allowed to be withdrawn.

What were the facts?

The assessee filed an appeal against the CIT(A) order. During the hearing, the assessee's representative was absent, but a withdrawal application was submitted. The assessee had opted for the Direct Taxes Vivad Se Vishwas Scheme.

What were the issues?

Whether an appeal can be withdrawn by the assessee after opting for the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263

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)-5, Ludhiana dt. 13/01/2017.

2.

During the course of hearing nobody was present on behalf of the assessee however withdrawal application has been furnished which read as under:

Sub:- Withdrawal of Appeal U/s 143(3) r.w.s 263 (Assessment Year 2009-10) Reg: M/s A.S. Precision Machines Pvt. Ltd. # G.T. Road, Mandi Gobindgarh, Ludhiana

PAN: AABCA4598B, Acknowledgment No. ITA-658/Chandi-2017 Dt. 22.04.2014 Sir, With due respect it is submitted that we have opt for Direct Taxes Vivad Se Vishwas Scheme and already filed VSVS-1 & 3 opting for settlement with the Income Tax Department in respect of our appeal filed with your office. As the department is in process to accept our application. So, we request you to allow us to withdraw our appeal pending with your office. You are requested to do the needful in the matter and oblige.

Anymore information shall be submitted to you as per your goodself directions.

Thanking you. Yours Faithfully, Sd/- For A.S. Precision Machines Pvt. Ltd. Mandi Gobindgarh

3.

During the course of hearing it is noticed that 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. 234845210310121, 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 23/02/2021 )

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