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

ITA 455/CHANDI/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 8080 (ITAT-CHANDIGARH)
• Duration Of Justice: 3 year(s) 5 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 09-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR G S PHANI KISHORE CIT

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. 455/CHD/2017 ASSESSMENT YEAR : 2010-11 M/S NCG ENTERPRISES LTD. 85, INDL. AREA-A, LUDHIANA THE JT. COMMISSIONER OF INCOME TAX RANGE-6, LUDHIANA PAN NO: AACCN6754H APPELLANT RESPONDENT ITA NO. 546/CHD/2019 ASSESSMENT YEAR : 2010-11 M/S NCG ENTERPRISES LTD. 85, INDL. AREA-A, LUDHIANA THE ITO WARD-7(5), LUDHIANA PAN NO: AACCN6754H APPELLANT RESPONDENT !' ASSESSEE BY : SHRI ASHWANI KUMAR, C.A #!' REVENUE BY : DR. G.S. PHANI KISHORE, CIT $ %! & DATE OF HEARING : 10/08/2020 '()*! & DATE OF PRONOUNCEMENT : 10/08/2020 ')/ ORDER PER N.K. SAINI, VICE PRESIDENT BOTH THE ABOVE APPEALS ARE FILED BY THE ASSESSEE AG AINST THE SEPARATE ORDERS OF THE LD. CIT(A)-3, LUDHIANA DT. 20/01/2017 AND 22/02/2019 RESPECTIVELY. 2. THE LD. COUNSEL FOR THE ASSESSEE FURNISHED AN AP PLICATION FOR WITHDRAWAL OF THESE APPEALS STATING THEREIN AS UNDER: SUBJECT: REQUEST FOR PERMISSION TO WITHDRAW APPEALS I N THE CASE OF M/S NCG ENTERPRISES LIMITED., 85, INDUSTRIAL AREA-A, LUDH IANA....A.Y. 2010-11.. PAN: AACCN6754H ....ITA NO. 455/CHANDI/2017 & 546/CH ANDI/2019 SIR 2 RESPECTFULLY IT IS SUBMITTED THAT ITA NO. 455/CHANDI/ 2017 & 546/CHANDI/2019 IN THE CASE OF M/S NCG ENTERPRISES LIMIT ED, ARE PENDING FOR ADJUDICATION BEFORE THE HON'BLE BENCH. THE PETITIONER SEEKS PERMISSION TO WITHDRAW THE ABOVE CAPTIONED APPEALS, AS THE APPELL ANT 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 05.08.2020, COPY OF THE SAME IS ENCLOSED. ITA NO. 546/CHANDI/2019 IS AN APPEAL AGAINST LEVY OF PENALTY FOR A.Y. 2010-11 AND THUS THE SAME IS CONSEQUENTIAL IN NATURE. THER EFORE, THE PETITIONER SEEKS PERMISSION TO WITHDRAW THAT APPEAL AL SO. THANKING YOU 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 SC HEME I.E; VIVAD SE VISHWAS AND T HE INCOME TAX DEPARTMENT HAS ISSUED FORM 3 BEARING CERTIFICATE NO. 443476260050820 , IN RESPONSE TO THE APPLICATION FILED BY THE ASSESSE E, UNDER SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT , 2020, THEREFORE THE APPEALS OF THE ASSESSEE MAY BE ALLOWED TO BE WITHDRAWN. 4. THE LD. SR. DR DID NOT OBJECT IF APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 5. IN VIEW OF THE ABOVE THE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 3 6. IN THE RESULT, APPEALS OF THE ASSESSEE ARE DISMI SSED. (ORDER PRONOUNCED ON 10/08/2020) SD/- SD/- #$ % .., (SANJAY GARG ) ( N.K. SAI NI) & '(/ JUDICIAL MEMBER ! / VICE PRESIDENT AG DATE: 10/08/2020 (+! ,-.- 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