SH. SANJAY KUMAR GUPTA (HUF),LUDHIANA vs. ITO, W-2(3), LUDHIANA

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ITA 1363/CHANDI/2018Status: DisposedITAT Chandigarh30 July 2020AY 2013-142 pages
AI SummaryDismissed

What did the Tribunal hold?

The tribunal allowed the assessee to withdraw the appeal as the assessee had opted for the Vivad se Vishwas Scheme and fulfilled the requirements.

What were the facts?

The assessee filed an appeal against the CIT(A) order. Subsequently, the assessee opted for the Vivad se Vishwas Scheme and filed the necessary forms. The Income Tax Department issued Form 3 under the scheme.

What were the issues?

Whether an appeal can be withdrawn if the assessee opts for the Vivad se Vishwas Scheme.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

आदेश/Order PER N.K. SAINI, VICE PRESIDENT This is an appeal filed by the assessee against the order of the Ld.

CIT(A)-1, Ludhiana dated 28.08.2018.

2.

The ld. counsel for the assessee furnished an application for withdrawal of this appeal stating therein as under:

Sub: Request for withdrawal of appeal as filed vide ITA No. 1363/CHD/2018

1.

With regard to the captioned subject, it is very humbly submitted that for the A.Y 2013- 14, the Appellant has opted for Vivad se Vishwas Scheme, 2020 and had filed Form 1 & 2 with Worthy PCIT, ludhiana on 21.05.2020. The Worthy PCIT-I, Ludhiana has also issued Form 3 dated 25.06.2020 as per copy enclosed and now the Appellant is required to file Form 4 along with the evidence of withdrawal of appeal. Thus, in view of the above, it is requested before your goodself to kindly allow the appellant to withdraw the appeal filed with Hon'ble ITAT. Thanking You Yours Faithfully

ITA 1363/CHD/2018 A.Y. 2013-14 2

For M/s Sanjay Kumar Gupta HUF Sd/- Sanjay Kumar (Karta)”

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. 367188820250620, 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section 5(1) of the Direct Tax Vivad se Vishwas Act, 2020, therefore the appeal of the assessee may be allowed to be withdrawn.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. Sr. DR did not object if appeal of the assessee is dismissed as withdrawn.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In view of the above the appeal of the assessee is dismissed as withdrawn.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 30.07.2020

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