PUNJAB HIDE COMPANY, AMRITSAR vs. COMMISSIONER OF INCOME TAX, AMRITSAR (PUNJAB)

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ITA/405/2019HC Punjab & HaryanaPHHC01085634201929 January 2021Bench: MR. JUSTICE SANJAY KUMAR,MRS. JUSTICE ARCHANA PURI2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court granted the assessee's application for leave to withdraw the appeal. The reasoning provided is that the assessee had filed a declaration in Form-3 seeking benefit under the Direct Tax Vivad se Vishwas Act, 2020, read with the relevant Rules. Consequently, the appeal was dismissed as withdrawn. The High Court did not decide the merits of the original appeal filed against the ITAT's order. The operative direction was to dismiss the appeal as withdrawn.

What were the facts?

The assessee, Punjab Hide Company Amritsar, filed an appeal under Section 260A of the Income Tax Act, 1961, against an order dated 25.02.2019 passed by the Income Tax Appellate Tribunal (ITAT), Amritsar Bench. The appeal pertained to Assessment Year 2014-2015. Subsequently, the assessee filed an application stating that it had made a declaration in Form-3 under the Direct Tax Vivad se Vishwas Act, 2020, and sought leave to withdraw the appeal. The High Court granted the leave.

What were the issues?

1. Whether the assessee is entitled to withdraw the appeal filed under Section 260A of the Income Tax Act, 1961, in light of having filed a declaration under the Direct Tax Vivad se Vishwas Act, 2020? (Question of law) Assessee's Contention: The assessee argued that it had filed a declaration in Form-3 seeking benefit under the Direct Tax Vivad se Vishwas Act, 2020, and therefore, sought leave to withdraw the present appeal. The assessee relied on the provisions of the Direct Tax Vivad se Vishwas Act, 2020 and the Rules framed thereunder. Revenue's Contention: The judgment does not record any specific arguments from the respondent-revenue regarding the withdrawal of the appeal.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

105 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-701-CII-2021 in/and ITA-405-2019 (O&M) Date of decision: 29.01.2021 Punjab Hide Company Amritsar ......Petitioner. vs. Commissioner of Income Tax, Amritsar ......Respondent. CORAM: - HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MRS JUSTICE ARCHANA PURI Present: - Mr. Divya Suri, Advocate, for the applicant-appellant. Mr. Tejender Joshi, Advocate, for the respondent. ...... Sanjay Kumar, J. (ORAL) CM-701-CII-2021 Application is ordered. Execution is granted as prayed for. Annexure A-17 is taken on record. In the light of circumstances stated in the application, the hearing of the main appeal is advanced to today from 03.05.2021. ITA-405-2019 This appeal, under Section 260A of the Income Tax Act, 1961, was filed by the assessee against the order dated 25.02.2019 passed by the Income Tax Appellate Tribunal, Amritsar Bench, in ITA No. 190 (Asr)/2018 in relation to Assessment Year 2014-2015. PREETI 2021.02.03 00:36 I attest to the accuracy and integrity of this document

ITA-405-2019 (O&M) -2- While so, the appellant-assessee filed an application stating that it had filed a declaration in Form-3 seeking benefit under the Direct Tax Vivad se Vishwas Act, 2020, read with the Direct Tax Vivad se Vishwas Rules, 2020, and sought leave to withdraw this appeal. Leave granted. The appeal is accordingly dismissed as withdrawn. (SANJAY KUMAR) JUDGE (ARCHANA PURI) JUDGE 29.01.2021 preeti whether speaking/non speaking yes/no whether reportable/non reportable yes/no PREETI 2021.02.03 00:36 I attest to the accuracy and integrity of this document

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