M/S S.G PROCESSORS PVT.LTD,AMRITSAR vs. INCOME TAX OFFICER WARD 5(5), AMRITSAR

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ITA 52/ASR/2018Status: DisposedITAT Amritsar11 November 2021AY 2013-142 pages
AI SummaryDismissed

What did the Tribunal hold?

The tribunal allowed the assessee to withdraw the appeal as the dispute was settled under the Vivad Se Vishwas Act. The Revenue did not object to the withdrawal.

What were the facts?

The assessee filed an appeal against an order of the CIT(A). During the pendency of the appeal, the assessee opted for settlement under the Vivad Se Vishwas Act, 2020, and received a certificate from the Pr.CIT.

What were the issues?

Whether an appeal pending before the ITAT can be withdrawn if the assessee has settled the dispute under the Vivad Se Vishwas Act.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

PER N.K. SAINI, VICE PRESIDENT This is an appeal filed by the Assessee against the order dt. 02/11/2017 of the Ld. CIT(A)-2, Amritsar.

2.

The Ld. Counsel for the Assessee furnished an application for withdrawal of this appeal stating therein as under:

1.

Regarding : Withdrawl of Appeal in the case of S G Processors Amritsar - PAN : AADCS9537L Appeal No.S2/ASR2018 - Assessment Year 2013-14 The above said appeal was filed before Hon'ble Bench and the same is still pending. With reference to above it is submitted that the assesee has opted for the settlement of dispute under the Kar Vivad Samadhan Act. Form No.l and 2 were filed with the Hon'ble Pr.CIT, Amritsar who has already issued Form No.3 i.e. Certificate under sub section 1 of section 5 of Direct Tax Vivad Se Vishwas Act 2020. Copy of Form No.3 issued by Hon'ble Pr.CIT, Amritsar-1 are enclosed for your honor's ready reference.

In view of the above submissions your honor is requested to kindly issue Certificate of withdrawl of appeal which is required to be submitted to the Pr.CIT, Amritsar-1 along with Form No.4.

Thanking you,

Yours faithfully Sd/- (Ashwani Kalia) Chartered Accountant

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. 260383750150221, 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. Sr. 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.

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