M/S NATHOORAM NITYA NAND TIMBER PVT. LTD.,LUCKNOW vs. ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2, LUCKNOW

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ITA 423/LKW/2018Status: DisposedITAT Lucknow16 December 2020AY 2011-122 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted the assessee's application to withdraw the appeal under the Vivad Se Vishwas Scheme. The Departmental Representative had no objection. Therefore, the Tribunal permitted the assessee to withdraw the appeal.

What were the facts?

The assessee filed an appeal against the CIT(A) order. The appeal was previously dismissed for non-prosecution but was recalled. The assessee later applied to withdraw the appeal under the Vivad Se Vishwas Scheme.

What were the issues?

The primary issue was whether the assessee should be permitted to withdraw the appeal due to opting for the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW BENCH ‘B LUCKNOW

Before: SHRI A.D JAIN & SHRI T.S. KAPOOR

For Appellant: Shri K.R. Rastogi, CA
For Respondent: Shri Ajay Kumar, DR
Hearing: 09/11/2020Pronounced: 16/12/2020

This appeal has been filed by the assessee against the order of ld.

CIT(A), Lucknow dated 12.03.2018.

2.

Ld. counsel for the assessee submitted that this appeal was earlier dismissed for non prosecution vide order dated 29.03.2019 which has already been recalled vide Tribunal order dated 04.10.2019.

3. At the outset, it was noticed that the assessee has submitted an application, received by the Registry of this Office on 03.11.2020, vide which it has been stated that the Principal Commissioner of Income Tax, Lucknow has issued certificates in Form No.3 under the Vivad Se Vishwas Scheme and has determined the tax payable/due to the assessee. In view of the above, it was submitted that appeal filed by the assessee may be permitted to be withdrawn. Ld. DR had no objection to the withdrawal of appeal. Accordingly we permit the assessee to withdraw the appeal.

3.

In the result, the appeal filed by the assessee is dismissed as withdrawn.

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