Shri Vipin Kaushal, Chandigarh V. ITO, W-1(4), Chandigarh

ITA 1583/CHANDI/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8235 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 06-01-2021
• Assessment Year: 2005-2006
• Appeal Filed On: 17-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ASHOK KHANNA CIT
• Section: 147; 148

Judgement Text

, .. , IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BE NCHES, SMC CHANDIGARH (VIRTUAL COURT) .., ! BEFORE: SHRI. N.K.SAINI, VICE PRESIDENT ITA NO. 1583 /CHD/2019 ASSESSMENT YEAR :2005-06 SHRI VIPIN KAUSHAL C/O SHRI TEJMOHAN SINGH, #527, SECTOR 10D CHANDIGARH THE ITO W-1(4) CHANDIGARH PAN NO: AEQPK7308K APPELLANT RESPONDENT !' ASSESSEE BY : SHRI TEJMOHAN SINGH, ADVOCATE #!' REVENUE BY : SHRI ASHOK KHANNA, ADDL. CIT $ %! & DATE OF HEARING : 06/01/2021 '()*! & DATE OF PRONOUNCEMENT : 06/01/2021 '#/ ORDER PER N.K. SAINI, VICE PRESIDENT THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DT. 12/08/2019 OF CIT(A)-I, CHANDIGARH. 2. ASSESSEE HAS RAISED THE FOLLOWING GROUNDS: 1. THAT THE LD. COMMISSIONER OF INCOME TAX (APPEALS ) HAS ERRED IN LAW AS WELL AS ON FACTS IN UPHOLDING THE PROCEEDINGS INITI ATED UNDER SECTION 147 OF THE ACT IN AS MUCH AS THERE HAS BEEN NO ESCAPEMENT OF I NCOME WARRANTING ISSUANCE OF NOTICE UNDER SECTION 148 OF THE ACT AND AS SUCH THE ORDER PASSED IS ARBITRARY AND UNJUSTIFIED. 2. THAT THE LD. ASSESSING OFFICER HAS FURTHER FAILE D TO PROVIDE THE COPY OF THE REASONS RECORDED FOR FILING OBJECTIONS ON THE BASIS OF WHICH THE NOTICE UNDER SECTION 148 OF THE ACT WAS ISSUED AND AS SUCH THE A SSESSMENT FAILS ON THIS GROUND ALSO. 3. WITHOUT PREJUDICE TO THE ABOVE, THE LD. COMMISSI ONER OF INCOME TAX (APPEALS) HAS ERRED IN LAW AS WELL AS ON FACTS IN U PHOLDING AN ADDITION OF 2 RS.3,27,810/- WITHOUT CONFRONTING ANY MATERIAL WHAT SOEVER TO SUBSTANTIATE THE BASIS OF MAKING SUCH ADDITION UPHELD IS ARBITRARY A ND UNJUSTIFIED. 4. THAT THE ENTIRE ASSESSMENT HAS BEEN FRAMED ON TH E BASIS OF SOME INFORMATION PROVIDED BY ONE SHRI S. C. GUPTA AND SU CH INFORMATION USED WITHOUT CONFRONTING IS AGAINST THE PRINCIPLES OF NATURAL JU STICE AND ANY ASSESSMENT FRAMED VIOLATING THE PRINCIPLES IS NULL AND VOID. 5. THAT THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) IS ERRONEOUS, ARBITRARY, OPPOSED TO LAW AND FACTS OF T HE CASE AND IS, THUS, UNTENABLE. 3. LD. COUNSEL FOR THE ASSESSEE FURNISHED AN APPLIC ATION STATING THEREIN AS UNDER: IN THE MATTER OF ITA NO. 1583/CHANDI/2019 RELATING TO THE ASSESSMENT YEAR 2005-06 FIXED FOR HEARING TOMORROW THE 6 TH OF JANUARY2021. APPLICATION FOR WITHDRAWAL OF APPEAL. RESPECTFULLY SHOWETH AS UNDER: THE ABOVEMENTIONED APPEAL IS FIXED FOR HEARING TOMO RROW THE 6TH OF JANUARY. 2021. THE ASSESSEE HAS MOVED AN APPLICA TION UNDER 'THE DIRECT TAX VIVAD SE VISHWAS' SCHEME WHICH HAS BEEN ANNOUNCED BY THE GOVERNMENT AND SETTLE THE TAX DISP UTE. THE INCOME TAX DEPARTMENT HAS SINCE ISSUED FORM - 3 AND AS SUCH, THE ASSESSEE MAY BE GIVEN PERMISSION TO WITHDRAW THE AP PEAL SUBJECT TO PAYMENT OF TAXES BY 31.03.2021 AS COMPUTED BY TH E DEPARTMENT. COPY OF FORM - 3 IS ENCLOSED HEREWITH. SD/- (TEJMOHAN SINGH) ADOVCATE FOR. SH. VIPIN KAUSHAL, CHANDIGARH 4. DURING THE COURSE OF HEARING THE LD. COUNSEL FOR THE ASSESSEE REITERATED THE CONTENTS OF THE AFORESAID APPLICATIO N AND SUBMITTED THAT IN CASE THE DEPARTMENT DOES NOT ACCEPT THE SAID APPLIC ATION AND DOES NOT ISSUE THE FORM NO. 3/5, THE ASSESSEE MAY BE GIVEN L IBERTY TO APPROACH THE ITAT FOR RESTORING THIS APPEAL. 3 5. LD. CIT DR DID NOT OBJECT TO THE AFORESAID CONTE NTION OF THE LD. COUNSEL FOR THE ASSESSEE. 6. IN VIEW OF THE ABOVE THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN WITH A RIDER THAT IN CASE THE DEPARTMENT DOES NOT ACCEPT THE APPLICATION OF THE ASSESSEE UNDER VIVAD SE VISHWAS SCHEME, ACT 2020. THE ASSESSEE IS AT LIBERTY TO MOVE AN APPLICATION B EFORE THE ITAT, CHANDIGARH BENCH FOR RESTORING THIS APPEAL. 7. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. (ORDER PRONOUNCED IN THE OPEN COURT ON 06/01/2021) SD/- .., ( N.K. SAINI) ! / VICE PRESIDENT AG DATE: 06/01/2021 (+! ,-.- COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. $ / CIT 4. $ / 01 THE CIT(A) 5. -2 45&456789 DR, ITAT, CHANDIGARH 6. 8:% GUARD FILE