M/S PUNJAB ALKALIES & CHEMICALS LTD.,CHANDIGARH vs. ACIT, CHANDIGARH

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ITA 1207/CHANDI/2019Status: DisposedITAT Chandigarh15 February 2021AY 2015-162 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. This was based on the assessee's successful enrollment in the 'Vivad Se Vishwas Scheme' and the issuance of Form No. 3.

What were the facts?

The assessee filed an appeal against an order of the CIT(A). Subsequently, the assessee opted for the 'Vivad Se Vishwas Scheme' and received Form No. 3, indicating their eligibility under the scheme.

What were the issues?

Whether an appeal can be withdrawn by the assessee after opting for the 'Vivad Se Vishwas Scheme' and receiving the necessary certificate.

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

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. 27/06/2019.

2.

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 Punjab Alkalies & Chemicals Ltd. SCO 125-127, Sector 17B. Chandigarh IT A No. 1207/Chandi-2019, A.Y. 2015- 16 Kindly refer to the above mentioned case which is fixed for hearing before die Hon'ble Bench for today only.

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 The appeal filed by the appellant is hereby withdrawn.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/- (Vitteet 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. 251167480110221 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 16/02/2021)

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