M/S BAWA GURMUKH SINGH & SONS,AMRITSAR. vs. THE INCOME TAX OFFICER, AMRITSAR.

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ITA 589/ASR/2015Status: DisposedITAT Amritsar17 March 2021AY 2010-112 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had availed the Vivad Se Vishwas scheme and a certificate was issued by the Income Tax Department. Therefore, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT. During the pendency of the appeal, the assessee opted for the Direct Tax Vivad Se Vishwas Act, 2020 scheme to settle its tax disputes. The Designated Authority issued a certificate accepting the assessee's declaration.

What were the issues?

Whether an appeal pending before the ITAT can be dismissed as withdrawn when the assessee has successfully settled the dispute under the Vivad Se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 5(1)

AI-generated summary — verify with the full judgment below

Assessee by : None (Withdrawal Application) Revenue by : Smt. Priyanka Singla, JCIT DR Date of Hearing : 17/03/2021 Date of Pronouncement : 17/03/2021 Order PER N.K. SAINI, VICE PRESIDENT:

This is an appeal filed by the Assessee against the order of the Ld. CIT(A)-2, Amritsar dt. 30/09/2015.

2. During the course of hearing nobody was present on behalf of the assessee. However the Ld. Counsel of the Assessee has furnished an application for withdrawal of this appeal stating therein as under:

Sub: Withdrawal of appeal No. 589/ASR-2015

Sir,

1.

That an appeal in the above noted case is pending before the Hon'ble Bench.

2.

That during the pendency of the present Appeal, the Legislature has enacted Direct Tax Vivad-Se-Vishwas Act, 2020, (‘VSV Act’ for short) with the object to provide for resolution of disputed tax and for matters connected therewith or incidental thereto.

3. That the appellant is desirous of availing the Direct Tax Vivad-Se-Vishwas Act, 2020 Scheme and settle its disputes for the Assessment Year in dispute. Therefore, in terms of the scheme provided in the VSV Act, the appellant / applicant is required to withdraw its pending appeal and furnish the intimation to the Designated Authority.

4. That the appellant has filed Declaration in Form-I and an undertaking in Form-2 for the relevant Assessment year.

5. That in response to the Declaration filed by the applicant, the Designated Authority has issued Form-3 dated 01/03/2021 bearing Certificate No. 277030590010321 accepting the Declaration.

6.

That in view the aforesaid facts and circumstances, the present application is being filed before the Hon'ble Bench to withdraw the appeal so that the appellant is able to file intimation regarding the same in Form-4 for full and final settlement of the dispute arising in the present appeal.

Thanking You, Yours Faithfully Sd/- Advocate Counsel

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. 277030590010321, 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 on 17/03/2021.

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