COMMISSIONER OF INCOME TAX-II, LUDHIANA vs. M/S BAHADUR CHAND INVESTMENT (P) LTD., LUDHIANA

ITA/45/2015HC Punjab & HaryanaPHHC01110106201502 July 2021Bench: MR. JUSTICE AJAY TEWARI2 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court allowed the application for withdrawal of the appeal (CM-4692-CII-2021) in view of the assessee having opted for the Direct Tax Vivad Se Vishwas Scheme, 2020. The Court granted liberty to the assessee to revive the appeal in case the settlement under the scheme did not operationalize. Consequently, the main appeal (ITA-45-2015) was dismissed as withdrawn with the aforesaid liberty. The Court also noted that since the main case had been decided, any pending Civil Miscellaneous Applications, if any, stood disposed of. No specific issue regarding the merits of the original appeal was decided.

What were the facts?

The appeal, ITA-45-2015 (O&M), was filed by the Commissioner of Income Tax-I, Ludhiana (Revenue) against M/s Bahadur Chand Investment Ltd. (Assessee). Two civil miscellaneous applications (CM-4690-CII-2021 and CM-4692-CII-2021) were filed. CM-4690-CII-2021 sought to place Form-3 on record as Annexure A-4, which was allowed. CM-4692-CII-2021 was an application for withdrawal of the appeal. The reason for withdrawal was that the respondent-assessee had opted for the Direct Tax Vivad Se Vishwas Scheme, 2020. Liberty was sought to revive the appeal if the settlement did not materialize. This application was allowed, and the main appeal was taken up for hearing.

What were the issues?

1. Whether the application for withdrawal of the appeal should be allowed, considering the assessee's opting for the Direct Tax Vivad Se Vishwas Scheme, 2020? Assessee's Contention: The assessee, through its application CM-4692-CII-2021, sought to withdraw the appeal on the grounds that it had opted for the Direct Tax Vivad Se Vishwas Scheme, 2020. The assessee requested liberty to revive the appeal if the settlement under the scheme did not operationalize. Revenue's Contention: The judgment does not record any specific contention from the Revenue regarding the withdrawal application. The application was filed by the respondent (assessee) and allowed by the Court.

AI-generated summary — verify with the full judgment below

CM-4690-CII-2021 and CM-4692-CII-2021 in/and ITA-45-2015 (O&M) -1- 102-A IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CM-4690-CII-2021 and CM-4692-CII-2021 in/and ITA-45-2015 (O&M) Date of decision : 02.07.2021 Commissioner of Income Tax-I, Ludhiana ...Appellant Versus M/s Bahadur Chand Investment Ltd. ...Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr. Vaibhav Gupta, Advocate and Mr. Sandeep Goyal, Advocate for the applicant-respondent. (Through Video Conferencing) **** AJAY TEWARI, J. (ORAL) CM-4690-CII-2021 This is an application for placing on record Form-3 as Annexure A-4. For the reasons recorded in the application, the same is allowed. Form-3 (Annexure A-4) is taken on record. CM-4692-CII-2021 This is an application for withdrawal of the appeal in view of the fact that the respondent has opted for Direct Tax Vivad Se Vishwas Scheme, 2020 with further liberty to revive the same in case the settlement PAWAN KUMAR 2021.07.06 10:16 I attest to the accuracy and authenticity of this document Chandigarh

CM-4690-CII-2021 and CM-4692-CII-2021 in/and ITA-45-2015 (O&M) -2- does not operationalized. Application is allowed and the main appeal is taken on Board today itself. ITA-45-2015 In view of averments made in CM-4692-CII-2021, the present appeal stands dismissed as withdrawn with liberty aforesaid. Since the main case has been decided, the pending Civil Miscellaneous Application, if any, shall stands disposed of. (AJAY TEWARI) JUDGE (VIKAS BAHL) JUDGE 02.07.2021 Pawan Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No PAWAN KUMAR 2021.07.06 10:16 I attest to the accuracy and authenticity of this document Chandigarh

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