M/S SHIVALIKVIEW STEEL TRADING PVT. LTD.,CHANDIGARH vs. ACIT, CC-1, CHANDIGARH

PDF · subscribers
ITA 347/CHANDI/2023Status: DisposedITAT Chandigarh06 February 2025AY 2019-20Bench: SHRI RAJPAL YADAV (Vice President), SHRI KRINWANT SAHAY (Accountant Member)1 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal permitted the withdrawal of the appeal as the assessee had opted for the 'Vivad Se Vishwas Scheme 2024'. It was clarified that the appeal could be revived under Section 254(2) if the assessee fails to get the full benefit of the scheme due to technicalities.

What were the facts?

The assessee filed an appeal against the order of the CIT(A) for AY 2019-20. At the outset, the assessee sought permission to withdraw the appeal.

What were the issues?

Whether the appeal can be withdrawn on the ground of opting for the 'Vivad Se Vishwas Scheme' settlement.

Which sections of the Income-tax Act were involved?

Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CHANDIGARH BENCH, ‘B’, CHANDIGARH

Before: SHRI RAJPAL YADAV & SHRI KRINWANT SAHAY

For Appellant: Shri Ashwani Kumar, CA
Hearing: 31.01.2025Pronounced: 06.02.2025

�थायी लेखा सं./PAN NO: AAHCS1295B अपीलाथ�/Appellant ��यथ�/Respondent ( Hybrid Hearing ) �नधा��रती क� ओर से/Assessee by : Shri Ashwani Kumar, CA राज�व क� ओर से/ Revenue by : Dr. Ranjit Kaur, Addl. CIT, Sr.DR सुनवाई क� तार�ख/Date of Hearing : 31.01.2025 उदघोषणा क� तार�ख/Date of Pronouncement : 06.02.2025 आदेश/Order Per Krinwant Sahay, AM : Appeal in this case has been filed by the assessee against the order dated 29.03.2023 of ld. Commissioner of Income Tax (Appeals)-3, Gurgaon [hereinafter referred to as ‘CIT(A)’], for the Assessment Year 2019-20.

2.

At the outset, it has been submitted by the ld. Authorized Representative of the Assessee that the Assessee intends for withdrawal of this appeal on the ground that the 347-Chd-2023 M/s Shivalikview Steel Trading Pvt. Ltd., Chandigarh

2 Assessee has opted to avail the benefit of Direct Tax 'Vivad Se Vishwas Scheme 2024’ and sought permission of the Bench to withdraw the aforementioned appeal. Necessary certificate in Form No.2 under Rule 5 has been issued to him which is placed on record.

3.

Considering the prayer of the assessee, this appeal is dismissed as ‘withdrawn’ because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous. However, it is made clear that in case, on account of some technicalities, assessee fails to avail the full benefit of this Scheme, then both sides will be at liberty to get the appeal revived after filing of application under Section 254(2) of the Income Tax Act. Such application be filed within due date of limitation provided under this Scheme.

7.

In the result, appeal of the assessee is dismissed as withdrawn.

Order pronounced on 06.02.2025.

Recent GST High Court judgments

Search GST case law →