M/S NCG ENTERPRISES LTD.,LUDHIANA vs. JCIT, LUDHIANA

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ITA 455/CHANDI/2017Status: DisposedITAT Chandigarh07 August 2020AY 2010-113 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeals. The appeals were dismissed as withdrawn based on the assessee's participation in the Vivad Se Vishwas scheme.

What were the facts?

The assessee filed two appeals before the ITAT. The assessee later applied to withdraw these appeals as they had opted for the 'Vivad Se Vishwas' scheme.

What were the issues?

Whether the assessee's appeals should be withdrawn due to their participation in the Vivad Se Vishwas scheme.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

Heard together (2 matters)

ITA No. 455/Chd/2017
ITA No. 546/Chd/2019

Read from the judgment's own cause title. This page is filed under one of them.

Order

PER N.K. SAINI, VICE PRESIDENT Both the above appeals are filed by the Assessee against the separate orders of the Ld. CIT(A)-3, Ludhiana dt. 20/01/2017 and 22/02/2019 respectively.

2.

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

1.

Subject: Request for permission to withdraw appeals in the case of M/s NCG Enterprises Limited., 85, Industrial Area-A, Ludhiana....A.Y. 2010-11.. PAN: AACCN6754H .... 546/Chandi/2019

Sir

Respectfully it is submitted that 546/Chandi/2019 in the case of M/s NCG Enterprises Limited, are pending for adjudication before the Hon'ble Bench. The petitioner seeks permission to withdraw the above captioned appeals, as the appellant company has moved before Ld. Principal Commissioner of Income Tax-3, Ludhiana under "Vivad Se Vishwas Scheme". Form 3 has been issued by Ld. PCIT-3, Ludhiana on 05.08.2020, copy of the same is enclosed. is an appeal against levy of penalty for A.Y. 2010-11 and thus the same is consequential in nature. Therefore, the petitioner seeks permission to withdraw that appeal also.

Thanking You Yours faithfully Sd/- (Ashwani Kumar) C.A. Counsel for the Appellant

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. 443476260050820, in response to the application filed by the assessee, under section 5(1) of the Direct Tax Vivad se Vishwas Act, 2020, therefore the appeals of the assessee may be allowed to be withdrawn.

4.

The Ld. Sr. DR did not object if appeals of the assessee are dismissed as withdrawn.

5.

In view of the above the appeals of the assessee are dismissed as withdrawn.

6.

In the result, appeals of the assessee are dismissed.

(Order pronounced on 10/08/2020)

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