M/S INDO FARM EQUIPMENT LTD.,,CHANDIGARH vs. ACIT,, CHANDIGARH

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ITA 66/CHANDI/2019Status: DisposedITAT Chandigarh10 January 2025AY 2011-12Bench: SHRI RAJPAL YADAV (Vice President), SHRI KRINWANT SAHAY (Accountant Member)1 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had availed the benefit of the 'Vivad Se Vishwas Scheme' and resolved the dispute with the Revenue. Therefore, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against the order of the CIT(A) for AY 2011-12. The assessee had grounds challenging the re-opening of assessment and addition for bad and doubtful debt. However, the assessee applied for withdrawal of the appeal.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 115JB,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DIVISION BENCH, ‘A’ CHANDIGARH

Before: SHRI RAJPAL YADAV & SHRI KRINWANT SAHAY

For Respondent: Shri Vivek Vardhan, Addl. CIT, Sr.DR
Hearing: 09.01.2025Pronounced: 10.01.2025

the order of the Commissioner of Income Tax (Appeals) [in short ‘the CIT (A)’] dated 19.11.2018 passed for assessment year 2011-12. Though the assessee has taken four grounds of appeal but Ground No. 1 and 4 are general grounds A.Y.2011-12 2 whereas in Ground No. 2 and 3 assessee has challenged re-opening of assessment and addition of provision for bad and doubtful debt for computing book profit under Section 115JB of the Act.

2. The assessee has filed an application for withdrawal of this appeal on the ground that he has availed benefit of 'Vivad Se Vishwas Scheme 2024’ and he has resolved the dispute with the Revenue under this Scheme. 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 Considering the prayer of the assessee, this appeal is dismissed as withdrawn because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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 failed 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.

ITA No.66/CHD/2019 A.Y.2011-12 3

4.

In the result, appeal of the assessee is dismissed as withdrawn.

Order pronounced on 10.01.2025.

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