M/S SUNDER FORGING vs. COMMISSIONER OF IT & ANR

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ITA/240/2012HC Punjab & HaryanaPHHC01099317201218 January 2021Bench: MR JUSTICE JASWANT SINGH,MR. JUSTICE SANT PARKASH2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court allowed the application for withdrawal of the appeal. The Court noted that the assessee had filed an application seeking permission to withdraw the appeal with liberty to approach the respondent-department to settle the dispute under the "Direct Tax Vivad Se Vishwas Act, 2020". The Revenue, through its learned Senior Standing Counsel, stated that it had no objection to the prayer made in the application. Consequently, the Court allowed CM No. 362-CII of 2021 and dismissed ITA No. 240 of 2012 as withdrawn, granting liberty to the applicant-appellant to approach the respondent-department for settlement under the aforementioned Act. No decision was made on the merits of the original appeal.

What were the facts?

The assessee, M/s Sunder Forging, filed an appeal under Section 260-A of the Income Tax Act, 1961, against an order dated 17.5.2012 passed by the Income Tax Appellate Tribunal (ITAT), Chandigarh Bench. The ITAT had upheld a penalty of Rs. 33,72,850/- imposed by the Assessing Officer under Section 271(1)(c) of the Act for the assessment year 2008-09, while partly allowing the Revenue's appeal. The High Court admitted the appeal on 7.5.2015. Subsequently, the assessee filed an application (CM No. 362-CII of 2021) seeking permission to withdraw the appeal to settle the dispute under the "Direct Tax Vivad Se Vishwas Act, 2020". The Revenue had no objection to this application.

What were the issues?

1. Whether the High Court should permit the assessee to withdraw the appeal filed under Section 260-A of the Income Tax Act, 1961, in order to settle the dispute under the "Direct Tax Vivad Se Vishwas Act, 2020"? Assessee's Contention: The assessee contended that it wishes to withdraw the appeal to avail the settlement scheme under the "Direct Tax Vivad Se Vishwas Act, 2020". Revenue's Contention: The Revenue stated that it had no objection to the prayer made by the assessee for withdrawal of the appeal.

Which sections of the Income-tax Act were involved?

Section 260-A,Section 271(1)(c)

AI-generated summary — verify with the full judgment below

ITA No. 240 of 2012(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 240 of 2012 (O&M) Date of decision : 18.1.2021 M/s Sunder Forging

.... Appellant versus Commissioner of Income Tax, Ludhiana and another ... Respondents Coram: Hon'ble Mr. Justice Jaswant Singh Hon'ble Mr. Justice Sant Parkash [The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court.] Present Mr. Alok Mittal, Advocate, for the applicant-appellant. Jaswant Singh, J. (Oral) The appellant-assessee has filed the instant appeal under Section 260-A of the Income Tax Act, 1961 (for short, 'the Act'), against the order dated 17.5.2012 passed by the Income Tax Appellate Tribunal, Chandigarh Bench, Chandigarh, whereby the penalty of Rs. 33,72,850/- imposed by the Assessing Officer under Section 271-(1)(c) of the Act for the assessment year 2008-09 was upheld while partly allowing the appeal filed by the Revenue. The appeal stands admitted vide order dated 7.5.2015 passed by this Court. Now CM No. 362-CII of 2021 has been filed by the applicant- appellant seeking permission to withdraw the appeal with liberty to approach the respondent-department in order to settle the dispute under the “Direct Tax Vivad Se Vishwas Act, 2020”. VARINDER SINGH 2021.01.19 16:33 I attest to the accuracy and integrity of this document Punjab & Haryana High Court at Chandigarh

ITA No. 240 of 2012(O&M) -2- Notice of the application. Mr. Rajesh Katoch, learned Senior Standing Counsel accepts notice on behalf of the respondent-department and states that he has no objection to the prayer made in the application. On the oral request made by learned counsel for the applicant- appellant, which is not objected to by learned counsel for Revenue, the main appeal is taken up for hearing today itself. In view of the above, CM No. 362-CII of 2021 is allowed and ITA No. 240 of 2012 is dismissed as withdrawn with liberty to the applicant-appellant to approach the respondent-department in order to settle the dispute under the “Direct Tax Vivad Se Vishwas Act, 2020”.

(Jaswant Singh) Judge 18.1.2021 (Sant Parkash) vs/joshi Judge Whether speaking/ reasoned Yes/No Whether Reportable Yes/No VARINDER SINGH 2021.01.19 16:33 I attest to the accuracy and integrity of this document Punjab & Haryana High Court at Chandigarh

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