M/S NM MERCHANTILES LIMITED,LUDHIANA vs. JCIT, LUDHIANA

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ITA 449/CHANDI/2017Status: DisposedITAT Chandigarh20 July 2020AY 2008-092 pages
AI SummaryDismissed

What did the Tribunal hold?

The tribunal allowed the assessee's request to withdraw the appeal. This was based on the assessee availing the 'Vivad Se Vishwas Scheme' and the issuance of Form 3 by the tax authorities.

What were the facts?

The assessee filed an appeal against the order of the CIT(A). During the pendency of the appeal, the assessee opted for the 'Vivad Se Vishwas Scheme'. Form 3 was issued by the Principal Commissioner of Income Tax, confirming the assessee's eligibility under the scheme.

What were the issues?

Whether an appeal pending before the ITAT can be withdrawn by the assessee upon opting for the 'Vivad Se Vishwas Scheme'.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

Cause title — parties, addresses and appearances
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. 449/Chd/2017 "नधा"रण वष" / Assessment Year : 2008-09 NM Merchantiles Limited The JCIT बनाम 85, Industrial Area A Range-7 Ludhiana Ludhiana "थायी लेखा सं./PAN NO: AMVPS7107H अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee by : Shri Ashwani Kumar, CA Shri Aditya Kumar, CA राज"व क" ओर से/ Revenue by : Shri Daya Inder Singh Sidhu, Addl. CIT सुनवाई क" तार"ख/Date of Hearing : 23/07/2020 उदघोषणा क" तार"ख/Date of Pronouncement : 23/07/2020

आदेश/Order PER N.K. SAINI, VICE PRESIDENT

This is an appeal filed by the Assessee against the order of the Ld. CIT(A)-3, Ludhiana dt. 15/03/2017. 2. The Ld. Counsel for the Assessee furnished an application for withdrawal of this appeal stating therein as under:

Subject: Request for permission to withdraw appeal in the case of M/s NM Merchantiles Limited., 85, Industrial Area-A, Ludhiana....A.Y. 2008-09...PAN: AACCN6753A ITA No. 449/Chandi/2017

Sir Respectfully it is submitted that ITA No. 449/Chandi/2017 in the case of M/s NN Merchantiles Limited, is pending for adjudication before the Hon'ble Bench. The petitioner seeks permission to withdraw the above captioned appeal as the appellant company has moved before Ld. Principal Commissioner of Income Tax-3, Ludhiana under "Vivad Se Vishwas Scheme". Also, form 3 has been issued by Ld. PCIT-3, Ludhiana on 15.07.2020, copy of the same is enclosed. Thanking You

Yours faithfully (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 since issued Form 3 bearing Certificate No. 399057180150720, 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 23/07/2020 ) संजय गग" एन.के.सैनी, (SANJAY GARG ) ( N.K. SAINI) "या"यक सद"य/ Judicial Member उपा"य" / VICE PRESIDENT AG Date: 23/07/2020

आदेश क" ""त"ल"प अ"े"षत/ Copy of the order forwarded to :

1.

अपीलाथ"/ The Appellant

2.

""यथ"/ The Respondent 3. आयकर आयु"त/ CIT 4. आयकर आयु"त (अपील)/ The CIT(A)

5.

"वभागीय ""त"न"ध, आयकर अपील"य आ"धकरण, च"डीगढ़/ DR, ITAT, CHANDIGARH 6. गाड" फाईल/ Guard File

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