M/S SUNDER FORGING LUDHIANA vs. COMMISSIONER OF INCOME TAX LUDHIANA AND ANR

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ITA/180/2019HC Punjab & HaryanaPHHC01003509201918 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 to withdraw the appeal. The appeal was dismissed as withdrawn with liberty to approach the department for settlement under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the facts?

The appellant filed an appeal against an ITAT order that partly allowed their appeal on Section 14A additions while upholding other additions. The appellant later sought to withdraw the appeal.

What were the issues?

The primary issue was the appellant's request to withdraw the appeal to settle the dispute under the Vivad Se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 260-A,Section 14A

AI-generated summary — verify with the full judgment below

ITA No. 180 of 2019(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 180 of 2019 (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 5.10.2018 (Annexure A-3) passed by the Income Tax Appellate Tribunal, Chandigarh Bench, Chandigarh, whereby the appeal filed by the appellant was partly allowed on the issue of addition under Section 14A of the Act for the Assessment Year 2011-12 while additions on other counts imposed by Assessing Officer for the said assessment year was upheld. The appeal stands admitted vide order dated 27.8.2019 passed by this Court and ordered to be heard along with ITA No. 240 of 2012. Vide order of even date passed separately, ITA No. 240 of 2012 pertaining to assessment year 2008-09 stands dismissed as withdrawn with liberty to the appellant – M/s Sunder Forging to approach the respondent- department in order to settle the dispute under the “Direct Tax Vivad Se Vishwas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. 180 of 2019(O&M) -2- Now CM No. 376-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”. 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. 376-CII of 2021 is allowed and ITA No. 180 of 2019 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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