ATS EDUCATION TRUST,DERA BASSI vs. ITO,WARD-1, PATIALA

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ITA 48/CHANDI/2020Status: DisposedITAT Chandigarh15 January 2021AY 2016-172 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had availed the Vivad se Vishwas scheme and the department had issued a certificate. Therefore, the appeal was dismissed as withdrawn.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 stating that the assessee had opted for the Vivad se Vishwas scheme.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 5(1)

AI-generated summary — verify with the full judgment below

आदेश/Order

PER R.L. NEGI, JUDICIAL MEMBER This is an appeal by the Assessee against the order dt. 28/10/2019 of CIT(A), Patiala.

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:

1.

Sub: Withdraw of Appeal before ITAT-ITA 48/CHANDI/2020 due to adoption of VIVAD se VISHWAS Scheme. Dear Sir, Its hereby submitted that Appeal No-ITA 48/CHANDI/2020 is under process with ITAT under the name of M/s ATS Education Trust V/s PCIT, Patiala. In due course of proceeding of appeal Govt. introduced VIVAD se VISHWAS Scheme to reduce the litigation. And our organization M/s ATS Education Trust adopted the same. In due course we submitted the required for under VIVAD se VISHWAS Scheme and dept issued the certificate no. 798190930091220 dated 09/12/2020.

So it is requested to you kindly approve our request to withdraw the appeal and pass the necessary order to proceed further to fill form under the scheme. We shall be very thankful to you. Sd/- Authorized Signatory M/s ATS Education Trust

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.368496390260620, 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section 5(1) of the Direct Tax Vivad se Vishwas Act, 2020, therefore the appeal of the assessee is to be dismissed as withdrawn.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 DR did not object if appeal of the assessee is dismissed as withdrawn.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 18/01/2021).

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