M/S PREM BANSAL REAL ESTATE P. LTD.,ZIRAKPUR vs. DCIT, CC, PATIALA

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ITA 1147/CHANDI/2019Status: DisposedITAT Chandigarh28 January 2021AY 2016-172 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The tribunal noted that the assessee had opted for the Vivad se Vishwas scheme and the department had issued Form 3. Therefore, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against the CIT(A) order. During the hearing, the assessee's counsel moved a withdrawal application.

What were the issues?

Whether an appeal can be withdrawn if the assessee has opted for a dispute settlement scheme like Vivad se Vishwas.

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 Assesee against the order of the Ld. CIT(A)-5, Ludhiana dt. 17/06/2019.

2.

During the course of hearing none appeared on behalf of the assessee but a withdrawal application has been moved by the Ld. Counsel for the assessee which reads as under:

Sub: Request for withdraw of Appeal – in the case of M/s Prem Bansal Real Estate Pvt. Ltd., Swastik Vihar, Patiala Road, Zirakpur (ITA No. 1147/Chandi-2019) AY 2016- 17 BENCH: SMC Respected Members, The assessee has opted for the dispute settlement scheme under Direct Tax Vivad Se Vishwas Scheme which has been accepted by the department and form -3 is issued. Copy of Form 3 is enclosed. Therefore we request the Hon'ble Bench to allow the withdrawal of the above said appeal. Counsel for assessee Sd/- Vibhor Garg, FCA 3. In the present case, 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. 217177870160121, 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section 5(1) of the Direct Tax Vivad se Vishwas Act, 2020, therefore the appeal of the assessee is to be dismissed as withdrawn.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 DR did not object if appeal of the assessee is dismissed as withdrawn.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In view of the above the appeal of the assessee is dismissed as withdrawn.

(Order pronounced in the open Court on 28/01/2021).

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