M/s Rawat Fruit Company, Shimla V. ITO, W-2, Shimla

ITA 1350/CHANDI/2019

AI Insights

The case involves M/s Rawat Fruit Company, who appealed against the order of the Ld. CIT(A), Shimla, dated 30/07/2019. The appeal was related to the assessment year 2015-16. However, before the tribunal could adjudicate on the appeal, the assessee opted to withdraw it after settling the dispute under the Vivad se Vishwas Act, 2020. This act is a government scheme aimed at resolving pending tax disputes by providing a mechanism for settling disputes and granting immunity from litigation. The assessee submitted an application for withdrawal along with the Form No. 5, which is a certificate of settlement under the said act.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 127772 (ITAT-CHANDIGARH)
• Duration Of Justice: 3 year(s) 6 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-04-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Next Hearing Date: 23-04-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 10-10-2019
• Laws Referred To: Direct Tax Vivad se Vishwas Act, 2020
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

आयकर अपील य अ धकरण,च डीगढ़ यायपीठ “बी” , च डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH “B”, CHANDIGARH ी आकाश द प जैन, उपा य एवं ी $व%म 'संह यादव, लेखा सद,य BEFORE: SHRI. AAKASH DEEP JAIN, VP & SHRI. VIKRAM SINGH YADAV, AM आयकर अपील सं./ ITA NO. 1350/Chd/ 2019 नधा रण वष / Assessment Year : 2015-16 M/s Rawat Fruit Company, Shop No-2, APMC Complex New Subji Mandi, Dhalli, Shimla बनाम The ITO Ward-2, Shimla थायी लेखा सं./PAN NO: AAPFR0688C अपीलाथ /Appellant यथ /Respondent नधा रती क! ओर से/Assessee by : Shri Pawan Sharma, Advocate राज व क! ओर से/ Revenue by : Smt. Surinder Kaur Waraich, JCIT, Sr. DR स ु नवाई क! तार&ख/Date of Hearing : 24/04/2023 उदघोषणा क! तार&ख/Date of Pronouncement : 24/04/2023 आदेश/Order PER VIKRAM SINGH YADAV, A.M. : This is an appeal filed by the Assessee against the order of the Ld. CIT(A), Shimla, H.P. dt. 30/07/2019. 2. At the outset, it is noted that there is a delay in filing the present appeal by one day as pointed out by the Registry. After taking into consideration the Affidavit filed by the assessee as well as hearing the Ld. Sr. DR who had not raised any specific objection, the delay is hereby condoned and the appeal is admitted for adjudication. 3. The Ld. Counsel for the Assessee furnished an application for withdrawal of this appeal stating therein as under: 1. That the said appeal has been preferred for the assessment year 2015-16. The assessee/applicant has settled the said issue under Vivad se Vishwas Ac, 2020 and copy of the form No.5 issued to the assessee/applicant in respect of the same is being placed on record for the kind perusal and ready reference of this HonTsle Bench. 2. As the issue has been settled under the said Scheme, the assessee seeks to withdraw the said appeal. 3. It is, therefore, most respectfully prayed that the said appeal may kindly be allowed to be withdrawn and any other order may kindly be passed which this Honnle 2 tribunal deem fit and proper in the facts and circumstances of the case, for which the undersigned shall be highly obliged. Date: 22/04/2023 Applicant / appellant Through Counsel Sd/- (Ritu Mohan) Advocate 4. During the course of hearing the Ld. Counsel for the Assessee submitted that since the assessee has availed the immunity scheme i.e; Vivad Se Vishwas and the Income Tax Department has since issued Form 5 bearing Certificate No. 249083230100221 dt. 10/02/2021, in response to the application filed by the assessee, under section 5(1) of the Direct Tax Vivad se Vishwas Act, 2020, therefore the appeal of the assessee may be allowed to be withdrawn. 5. The Ld. Sr. DR did not object if appeal of the assessee is dismissed as withdrawn. 6. In view of the above the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open Court on 24/04/2023 Sd/- Sd/- आकाश द प जैन $व%म 'संह यादव (AAKASH DEEP JAIN) ( VIKRAM SINGH YADAV) उपा य / VICE PRESIDENT लेखा सद,य/ ACCOUNTANT MEMBER AG Date: 24/04/2023 आदेश क! त,ल-प अ.े-षत/ Copy of the order forwarded to : 1. अपीलाथ / The Appellant 2. यथ / The Respondent 3. आयकर आय ु /त/ CIT 4. आयकर आय ु /त (अपील)/ The CIT(A) 5. -वभागीय त न4ध, आयकर अपील&य आ4धकरण, च7डीगढ़/ DR, ITAT, CHANDIGARH 6. गाड फाईल/ Guard File आदेशान ु सार/ By order, सहायक पंजीकार/ Assistant Registrar