SHRI GULAB SINGH,CHANDIGARH vs ACIT,CIRCLE, KURUKSHETRA

आदेश/Order

PER N.K. SAINI, VICE PRESIDENT This is an appeal by the Assessee against the order dt. 02/12/2019 of the Ld. CIT(A), Karnal.

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 addition of Rs. 10,00,000/- treating the same to be unexplained expenditure in utter disregard of the explanations and evidence placed on record which is arbitrary and unjustified.

2. That the Ld. Commissioner of Income Tax(Appeals) has failed to appreciate that assessee and his family was owner of large agricultural land holding and was having cash in hand out of the agricultural income earned in previous years and past savings and as such the order passed is arbitrary and unjustified. 3. That the Ld. Commissioner of Income Tax(Appeals) has further erred in upholding the addition of Rs. 16,77,242/- made by Assessing Officer treating 15% of the expenditure incurred on account of removal of encroachment of jhuggis and shops to be unexplained in utter disregard of the explanations rendered which is arbitrary and unjustified. 4. That the Ld. Commissioner of Income Tax(Appeals) has further erred in upholding the addition of Rs.2,01,100/- made by Assessing Officer treating 50% of the expenditure incurred on account of Professional Fees for Title Search to be unexplained in utter disregard of the explanations rendered which is arbitrary and unjustified. 5. That the appellant craves leave to add or amend the grounds of appeal

before the appeal is finally heard or disposed off.

6. 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.

Ld. Counsel for the Assessee furnished an application stating therein as under:

In the matter of 2013-16 fixed for hearing fixed for hearing on the 4th of January 2021.

Application for withdrawal of appeal.

Respectfully showeth as under:

The abovementioned appeal is fixed for hearing on the 4lh of January. 2021. 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 lax 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. Gulab Singh, 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)

SHRI GULAB SINGH,CHANDIGARH vs. ACIT,CIRCLE, KURUKSHETRA