M/s NCG Enterprises Ltd., Ludhiana V. JCIT, Ludhiana

ITA 454/CHANDI/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 8066 (ITAT-CHANDIGARH)
• Duration Of Justice: 3 year(s) 4 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-08-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 09-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR DAYA INDER SINGH SIDHU CIT
• Section: 271(1)(c)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BE NCH B, CHANDIGARH (VIRTUAL COURT) .., ! '# #$ %, & '( BEFORE: SHRI. N.K.SAINI, VP & SHRI , SANJAY GARG, J M ./ ITA NO. 454/CHD/2017 / ASSESSMENT YEAR 2009-10 NCG ENTERPRISES LTD. 85, INDUSTRIAL AREA A LUDHIANA THE JCIT RANGE 7 LUDHIANA ./ PAN NO: AACCN6754H / APPELLANT / RESPONDENT ! ' / ASSESSEE BY : SHRI ASHWANI KUMAR, CA SHRI ADITYA KUMAR, CA # ! ' / REVENUE BY : DR. DAYA INDER SINGH SIDHU, ADDL. CIT $ % ! &/ DATE OF HEARING : 06/08/2020 '()* ! &/ DATE OF PRONOUNCEMENT : 06/08/2020 ')/ ORDER PER N.K. SAINI, VICE PRESIDENT THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORD ER OF THE LD. CIT(A)-3, LUDHIANA DT. 15/03/2017. 2. THE LD. COUNSEL FOR THE ASSESSEE FURNISHED AN APPL ICATION FOR WITHDRAWAL OF THIS APPEAL STATING THEREIN AS UNDER: SUBJECT: REQUEST FOR PERMISSION TO WITHDRAW APPEALS IN THE CASE OF M/S NCG ENTERPRISES LIMITED., 85, INDUSTRIAL AREA-A. LUDHIANA....A.Y. 2 009-10. PAN: AACCN6754H ....ITA NO. 454/CHANDI/2017 & 545/CHANDI/2019 SIR RESPECTFULLY IT IS SUBMITTED THAT ITA NO. 454/CHAND I/2017 & 545/CHANDI/2019 IN THE CASE OF M/S NCG ENTERPRISES LIMITED, ARE PENDING FOR ADJUDI CATION BEFORE THE HON'BLE BENCH. THE PETITIONER SEEKS PERMISSION TO WITHDRAW THE ABOVE C APTIONED APPEALS, AS THE APPELLANT COMPANY HAS MOVED BEFORE LD. PRINCIPAL COMMISSIONER OF INCOME TAX-3, LUDHIANA UNDER 'VIVAD SE VISHWAS SCHEME' FORM 3 HAS BEEN ISSUED BY LD. PCIT-3, LUDHIANA ON 30.07.2020, COPY OF THE SAME IS ENCLOSED. ITA NO. 545/CHANDI/2019 IS AN APPEAL AGAINST LEVY O F PENALTY U/S 271(1)(C) FOR AY. 2009-10 AND THUS THE SAME IS CONSEQUENTIAL IN NATURE. THERE FORE, THE PETITIONER SEEKS PERMISSION TO WITHDRAW THAT APPEAL ALSO. THANKING YOU 2 YOURS FAITHFULLY SD/- (ASHWANI KUMAR) C.A. COUNSEL FOR THE APPELLANT 3. 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 T HE INCOME TAX DEPARTMENT HAS SSUED FORM 3 BEARING CERTIFICATE NO. 432189620300720 , IN RESPONSE TO THE APPLICATION FILED BY THE ASSESSEE, UNDE R SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020, THEREFORE THE APPEAL OF THE ASSESSEE MAY BE ALLOWED TO BE WITHDRAWN. 4. THE LD. SR. DR DID NOT OBJECT IF APPEAL OF THE ASSE SSEE IS DISMISSED AS WITHDRAWN. 5. IN VIEW OF THE ABOVE THE APPEAL OF THE ASSESSEE IS D ISMISSED AS WITHDRAWN. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 06/08/2020) SD/- SD/- #$ % .., (SANJAY GARG ) ( N.K. SAINI) & '(/ JUDICIAL MEMBER ! / VICE PRESIDENT AG DATE: 06/08/2020 (+ ! ,- .- / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. $ / / CIT 4. $ / ()/ THE CIT(A) 5. -23 4, & 4, 67839/ DR, ITAT, CHANDIGARH 6. 38 :%/ GUARD FILE