M/S TECHNICO STEEL AND ALLOYS (P) LTD.,LUDHIANA vs. INCOME TAX OFFICER, LUDHIANA

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ITA 1149/CHANDI/2016Status: DisposedITAT Chandigarh04 November 2020AY 2012-132 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal. The withdrawal was permitted because the assessee had availed the 'Vivad Se Vishwas Scheme' and the necessary certificate had been issued.

What were the facts?

The assessee filed an appeal against the order of the CIT(A). The assessee later sought permission to withdraw the appeal as they had opted for the 'Vivad Se Vishwas Scheme'. Form 3 was issued by the Principal Commissioner of Income Tax under the scheme.

What were the issues?

Whether an appeal pending before the ITAT can be withdrawn by the assessee if they have opted for the 'Vivad Se Vishwas Scheme' and received a certificate under it.

Which sections of the Income-tax Act were involved?

Section 5(1)

AI-generated summary — verify with the full judgment below

आयकर अपील�य अ�धकरण,च�डीगढ़ �यायपीठ “बी” , च�डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH “B”, CHANDIGARH �ी एन.के.सैनी, उपा�य� एवं �ी सतबीर �संह गोदारा, �या�यक सद�य BEFORE: SHRI. N.K.SAINI, VP & SHRI , SATBEER SINGH GODARA, JM आयकर अपील सं./ �नधा�रण वष� / Assessment Year : 2012-13 M/s Technico Steel and Alloys (P) The ITO बनाम Ltd. Ward-1(3), Ludhiana E-137, Phase-IV, Focal Point, Ludhiana �थायी लेखा सं./PAN NO: AADCT1070B अपीलाथ�/Appellant ��यथ�/Respondent �नधा�रती क� ओर से/Assessee by : Shri Ashwani Kumar, C.A राज�व क� ओर से/ Revenue by : Smt. Geetinder Maan, Addl. CIT सुनवाई क� तार�ख/Date of Hearing : 04/11/2020 उदघोषणा क� तार�ख/Date of Pronouncement : 04/11/2020 आदेश/Order PER SATBEER SINGH GODARA, JUDICIAL MEMBER This is an appeal filed by the Assessee against the order of the Ld. CIT(A)-1, Ludhiana dt. 22.09.2016.

2.

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

Sub: Request for permission to withdraw appeal in the case of M/s Technico Steels & Alloys Private Limited, E-137, Focal Point, Phase-IV, Ludhiana…A/y… 2012- 13…PAN: AADCT1070B…. Sir, Respectfully it is submitted that in the case of M/s Technico Steels & Alloys Private Limited,, is pending for adjudication before the Hon'ble Bench. The petitioner seeks permission to withdraw the above captioned appeal as the appellant company has moved before Ld. Principal Commissioner of Income Tax-1, Ludhiana under “Vivad Se Vishwas Scheme”. Also, form 3 has been issued by Ld. PCIT-1, Ludhiana on 28.10.2020, copy of the same is enclosed. Thanking you Yours faithfully Sd/- (Ashwani Kumar) C.A. Counsel for the Appellant

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. 680716330281020, 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. 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.

(Order pronounced in the open Court on 04/11/2020)

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