AJIT SINGH RANA vs. COMMISSIONER OF INCOME- TAX-I, JLDHR
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 The appeal was dismissed as withdrawn with liberty to the appellant to approach the department for settlement under the Vivad Se Vishwas Act.
What were the facts?
The appellant filed an appeal against a penalty order upheld by the ITAT. The appellant later sought to withdraw the appeal to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.
What were the issues?
Whether the appeal can be withdrawn to pursue settlement under the Vivad Se Vishwas Act.
Which sections of the Income-tax Act were involved?
Section 260-A,Section 271-BA
AI-generated summary — verify with the full judgment below
ITA No. 328 of 2013(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 328 of 2013 (O&M) Date of decision : 13.1.2021 Ajit Singh Rana
.... Appellant versus Commissioner of Income Tax-I, Jalandhar ... Respondent 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. Maninder Arora, 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 11.12.2012 passed by the Income Tax Appellate Tribunal, Amritsar, whereby the penalty of Rs. 1 lac imposed by the Assessing Officer under Section 271-BA of the Act for the assessment year 2004-05 was upheld dismissing the appeal filed by the appellant. The appeal stands admitted vide order dated 16.9.2014 passed by this Court. Now CM No. 185-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”. VARINDER SINGH 2021.01.13 15:07 I attest to the accuracy and integrity of this document Punjab & Haryana High Court at Chandigarh
ITA No. 328 of 2013(O&M) -2- Notice of the application. Mr. Vivek Sethi, 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. 185-CII of 2021 is allowed and ITA No. 328 of 2013 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 13.1.2021 (Sant Parkash) joshi/vs Judge Whether speaking/ reasoned Yes/No Whether Reportable Yes/No VARINDER SINGH 2021.01.13 15:07 I attest to the accuracy and integrity of this document Punjab & Haryana High Court at Chandigarh
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