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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./ ITA NO. 437/Chd/2019 "नधा"रण वष" / Assessment Year : 2015-16 Sh. Ankush Mittal, The ITO , बनाम #1005/9, Waraich Colony, Ward- Samana Tehsil Road, Samana
"थायी लेखा सं./PAN NO:CCLPM5573P अपीलाथ"/Appellant ""यथ"/Respondent
"नधा"रती क" ओर से/Assessee by : Shri Tej Mohan Singh, Advocate राज"व क" ओर से/ Revenue by : Shri Arvind Sudershan, JCIT
सुनवाई क" तार"ख/Date of Hearing : 31/08/2020 उदघोषणा क" तार"ख/Date of Pronouncement : 31/08/2020 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 dated 05.03.2019
The Ld. Counsel for the Assessee furnished an application for withdrawal of this appeal stating therein as under:
“18th of August, 2020
In The Income Tax Appellate Tribunal, Chandigarh Bench, Chandigarh (Bench - SMC)
Shri Ankush Mittal, …. Appellant Samana.
The Income Tax Officer, … Respondent Samana.
In the matter of ITA No.437/Chandi/2019 relating to the assessment year 2015-16 fixed for hearing on the 17th of September,2020. Respectfully showeth as under:
The abovementioned appeal is pending for adjudication before the Hon'ble Bench. The assessee has moved an application under "The Direct Tax Vivad Se Vishwas" Scheme which has recently been announced by the Government and settle the tax dispute. The Income Tax Department has since issued Form 3 and as such, the assessee may be given permission to withdraw the appeal bearing ITA 438/Chandi/2019. (Tejmohan Singh) Advocate For: Shri Ankush Mittal, Samana.”
During the course of hearing the Ld. Representatives 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. 471600540180820 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section 5(1) of the Direct Tax Vivad se Vishwas Act, 2020, therefore, the appeal of the assessee may be allowed to be withdrawn.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 DR did not object if appeal of the assessee is dismissed as withdrawn.
In view of the above the appeal of the assessee is dismissed as withdrawn.
In the result, appeal of the assessee is dismissed.
(Order pronounced in the open Court on 31/08/2020) संजय गग" एन.के.सैनी, (SANJAY GARG ) ( N.K. SAINI) "या"यक सद"य/ Judicial Member उपा"य" / VICE PRESIDENT Date: 31/08/2020 Rkk
आदेश क" ""त"ल"प अ"े"षत/ Copy of the order forwarded to : 1. अपीलाथ"/ The Appellant
""यथ"/ The Respondent 3. आयकर आयु"त/ CIT 4. आयकर आयु"त (अपील)/ The CIT(A)
"वभागीय ""त"न"ध, आयकर अपील"य आ"धकरण, च"डीगढ़/ DR, ITAT, CHANDIGARH 6. गाड" फाईल/ Guard File