M/S PUNJAB DISTILLERS & BOTTLERS (P) LTD.,CHANDIGARH vs. DCIT, LUDHIANA

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ITA 780/CHANDI/2017Status: DisposedITAT Chandigarh26 October 2020AY 2006-072 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal acknowledged the assessee's application for settlement under the Vivad se Vishwas Scheme. Since the assessee had availed the scheme and the department did not object, the appeal was allowed to be withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee applied for settlement of the appeal under the Income Tax Vivad se Vishwas Scheme, 2020. The Income Tax Department issued a certificate under the scheme.

What were the issues?

Whether an appeal can be withdrawn if the assessee opts for settlement under the Vivad se Vishwas Scheme.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

आयकर अपील�य अ�धकरण,च�डीगढ़ �यायपीठ “बी” , च�डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH “B”, CHANDIGARH (VIRTUAL COURT) �ी एन.के.सैनी, उपा�य� एवं �ी संजय गग�, �या�यक सद�य BEFORE: SHRI. N.K.SAINI, VP & SHRI , SANJAY GARG, JM आयकर अपील सं./ �नधा�रण वष� / Assessment Year : 2006-07 M/s Punjab Distillers & Bottlers (P) The DCIT बनाम Ltd. Central Circle II, SCO 140-141, Sector-34A, Ludhiana Chandigarh �थायी लेखा सं./PAN NO: AACCP1981A अपीलाथ�/Appellant ��यथ�/Respondent �नधा�रती क� ओर से/Assessee by : Shri Sudhir Sehgal, Advocate राज�व क� ओर से/ Revenue by : Shri Daya Inder Singh Sidhu, Addl. CIT सुनवाई क� तार�ख/Date of Hearing : 27/10/2020 उदघोषणा क� तार�ख/Date of Pronouncement : 27/10/2020 आदेश/Order PER SANJAY GARG, JUDICIAL MEMBER:

This is an appeal filed by the Assessee against the order of the Ld. CIT(A)-5, Ludhiana dt. 01/02/2017.

2.

Assessee furnished an application for withdrawal of the appeal stating therein as under:

Sub:- Settlement of Appeal No. ITA 780/CHANDI/2017 dated 05.05.2017 under Income Tax Vivad se Vishwas Scheme (VSVS), 2020 PAN No: AACCP1981A Respected Sir/Madam This is with reference to ongoing hearing of Appeal No. ITA 7807CHANDI/2017 filed by M/s Punjab Distillers & Bottlers Pvt Ltd with Hon'ble ITAT Chandigarh dated 05.05.2017 against the assessment order of CIT(A)-5 Ludhiana, the outcome of which is yet to be decided. In this regards we want to submit that our company has decided to settle this appeal under Income Tax Vivad se Vishwas Scheme (VSVS) 2020 and has filed application in Form 1& 2 (Copy Enclosed vide Annexure-I) with PCIT (Central) Ludhiana dated 27.06.2020 which was duly accepted by PCIT (Central) Ludhiana and accordingly Form-3 was issued by PCIT (Central) Ludhiana dated 05.08.2020 (Copy Enclosed vide Annexure-I(a).

Hence, we wish to withdraw Appeal No. ITA 780/CHANDI/2017 filed with Hon'ble ITAT Chandigarh and settle this appeal under VSVS Scheme, 2020, therefore you requested to kindly acknowledge the same. Thanking you, Yours faithfully FOR PUNJAB DISTILLERS 8b BOTTLERS PVT LTD Sd/- (DIRECTOR) SH. JATINDER ARORA

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 issued Form 3 bearing Certificate No. 442855760050820, 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 27/10/2020)

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