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आदेश/Order
PER R.L. NEGI, JUDICIAL MEMBER This is an appeal by the Assessee against the order dt. 14/03/2019 of the Ld. CIT(A)-1, Chandigarh.
Assessee has raised the following grounds:
1. That the Ld. Commissioner of Income Tax (Appeals) has erred in law as well as on facts in upholding the proceedings initiated under section 147 of the Act in as much as there has been no escapement of income warranting issuance of notice under section 148 of the Act and as such the order passed is arbitrary and unjustified.
2. That the Ld. Assessing officer has further failed to provide the copy of the reasons recorded for filing objections on the basis of which the notice under section 148 of the Act was issued and as such the assessment fails on this ground also. 3. Without prejudice to the above, the Ld. Commissioner of Income Tax (Appeals) has erred in law as well as on facts in upholding an addition of Rs.8,97,201/- without confronting any material whatsoever to substantiate the basis of making such addition upheld is arbitrary and unjustified. 4. That the entire assessment has been framed on the basis of some information provided by one Shri S. C. Gupta and such information used without confronting is against the principles of natural justice and any assessment framed violating the principles is null and void. 5. That the order of the Ld. Commissioner of Income Tax (Appeals) is erroneous, arbitrary, opposed to law and facts of the case and is, thus, untenable. 3. Ld. Counsel for the Assessee furnished an application stating therein as under:
In the matter of 2004-05 earlier fixed for hearing on the 30th of Decemher,2020.
Application tor withdrawal of appeal.
Respectfully showeth as under: The abovementioned appeal is earlier fixed for hearing on the 30th ot December,2020. The assessee has moved an application under "The Direct Tax Vivad Se Vishwas" Scheme which has been announced by the Government and settle the tax dispute. The Income I ax Department has since issued Form - 3 and as such, the assessee may be given permission to withdraw the appeal subject to payment of taxes by 31.03.2021 as computed by the department. Copy of Form - 3 is enclosed herewith.
Sd/- (Tejmohan Singh) Adovcate For. Sh. Vipin Kaushal, Chandigarh
During the course of hearing the Ld. Counsel for the Assessee reiterated the contents of the aforesaid application and submitted that in case the Department does not accept the said application the assessee may be given liberty to approach the ITAT for restoring this appeal.
Ld. CIT DR did not object to the aforesaid contention of the Ld. Counsel for the Assessee.
In view of the above the appeal of the assessee is dismissed as withdrawn with a rider that in case the Department does not accept the application of the assessee under Vivad Se Vishwas Scheme, Act 2020, the assessee is at liberty to move an application before the ITAT, Chandigarh Bench for restoring this appeal.
In the result, appeal of the Assessee is dismissed.
(Order pronounced in the open Court on 18/01/2021)