What did the Tribunal hold?

The assessee requested to withdraw the appeal as they had availed the Vivad Se Vishwas scheme and received a certificate. The Revenue did not object.

The assessee filed an appeal against an order of the CIT(A). Subsequently, the assessee applied for withdrawal of the appeal.

What were the issues?

Whether the assessee's appeal can be withdrawn due to availing the Vivad Se Vishwas scheme.

Punjab Acids-Chem Private Limited vs ACIT | ITAT Chandigarh 2020

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 : 2015-16 Punjab Acids-Chem Private Limited The ACIT, बनाम SCO 288, FF-Sector-32-D Circle4(1) 5th Floor Aaykar Bhawan, Sector-17 Chandigarh-160031 Chandigarh �थायी लेखा सं./PAN NO: AADCP0900A अपीलाथ�/Appellant ��यथ�/Respondent �नधा�रती क� ओर से/Assessee by : Shri Yogesh Monga, 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)-2, Chandigarh dt. 21/11/2019.

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

Subject: Withdrawal of case of M/s Punjab Acids-Chem Private Limited, Chandigarh Appeal No. 14/CHANDI/2020 for the A.Y. 2015-16 fixed for hearing on 04/11/2020 Hon'ble Sir, With reference to the above appeal, fixed for hearing before the Hon'ble Bench on 04.11.2020, it is hereby requested that the appellant company had filed an application in respect of the said appeal under Vivad Se Vishwas Scheme and its application has also been accepted by the Principal Commissioner of Income Tax, Chandigarh -2 by issuing Form-3(Copy Attached).

So, you are hereby requested to kindly consider my application for withdrawal of the said appeal and oblige.

Thanking you Yours faithfully, Sd/- (C.A. Yogesh Monga) Counsel of the Assessee

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. 409185660210720, 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.

The Ld. DR did not object if appeal of the assessee is dismissed as withdrawn.

In view of the above the appeal of the assessee is dismissed as withdrawn.

In the result, appeal of the assessee is dismissed.

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

PUNJAB ACIDS-CHEM PRIVATE LIMITED,CHANDIGARH vs. ACIT-CIRCLE 4(1), CHANDIGARH

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