What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal as the assessee had opted for the Vivad se Vishwas Scheme and obtained a certificate.

The assessee filed an appeal against the order of the CIT(A). Subsequently, the assessee filed a declaration under the Vivad se Vishwas Scheme, 2020, and received a certificate from the Pr. CIT.

What were the issues?

Whether the assessee's appeal should be withdrawn due to opting for the Vivad se Vishwas Scheme.

M/S Pranshu Foods Pvt. Ltd… vs ITO | ITAT Chandigarh 2020

आयकर अपील�य अ�धकरण,च�डीगढ़ �यायपीठ “ए” , च�डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH “A”, 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 : 2014-15 M/s Pranshu Foods Pvt Ltd., The ITO, बनाम Dehla Road, Ward –Sunam Moonak, Distt.Sangrur �थायी लेखा सं./PAN NO: AAHCP4131D अपीलाथ�/Appellant ��यथ�/Respondent �नधा�रती क� ओर से/Assessee by : Shri Parikshit Aggarwal, CA राज�व क� ओर से/ Revenue by : Shri Daya Inder Singh Sidhu, Addl. CIT सुनवाई क� तार�ख/Date of Hearing : 08/09/2020 उदघोषणा क� तार�ख/Date of Pronouncement : 08/09/2020 आदेश/Order

PER N.K. SAINI, VICE PRESIDENT

This is an appeal filed by the Assessee against the order of the Ld. CIT(A), Patiala dt. 21.12.2018.

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

“Date: 03.09.2020 Before The Hon'ble Income Tax Appellate Tribunal, Bench SMC, Chandigarh. Subject - Prayer for permission to withdraw the appeal in M/s Pranshu Foods Pvt Ltd, Dehla Road, Moonak Distt. Sangrur, PAN- AAHCP4131D for AY 2014-15, fixed for hearing on 08.09.2020.

Hon'ble Bench, Kindly refer to the matter cited as subject above. The appeal in the case of the above cited assessee is fixed for hearing on 08.09.2020 before the Hon'ble Bench. We have been directed by the assessee to most respectfully submit that in respect of its appeal it had filed declaration under Vivad se Vishwas Scheme, 2020 whereby the Worthy Pr. CIT has issued certificate in P'orm 3. Copy of the same is attached herewith. It is, therefore, most humbly and respectfully prayed that the permission may please be granted for withdrawal of appeal. We shall be highly obliged.

Thanking You, Yours Faithfully, Sd/- (Parikshit Aggarwal) Chartered Accountant Counsel for 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. 471772150180820 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. Sr. 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.

M/S PRANSHU FOODS PVT. LTD.,SANGRUR vs. ITO, WARD, SUNAM

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments