M/S S.G PROCESSORS PVT.LTD, AMRITSAR V. INCOME TAX OFFICER WARD 5(5), AMRITSAR

ITA 52/ASR/2018

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8879 (ITAT-AMRITSAR)
• Duration Of Justice: 3 year(s) 9 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-11-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 01-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH, “SMC” AMRITSAR (VIRTUAL COURT) BEFORE: SHRI. N.K.SAINI, VICE PRESIDENT ITA No. 52/Asr/2018 Assessment Year: 2013-14 S.G. Processors Pvt. Ltd. C/o Sharma and Gangahar Property Dealer Majitha Road, Amritsar Vs The ITO Ward 5(5), Amritsar PAN NO: AADCS9537L Appellant Respondent Assessee by : Shri Ashwani Kalia, CA Revenue by : Shri S.M Surendranath, Sr. DR Date of Hearing : 11/11/2021 Date of Pronouncement : 11/11/2021 Order PER N.K. SAINI, VICE PRESIDENT This is an appeal filed by the Assessee against the order dt. 02/11/2017 of the Ld. CIT(A)-2, Amritsar. 2. The Ld. Counsel for the Assessee furnished an application for withdrawal of this appeal stating therein as under: Regarding : Withdrawl of Appeal in the case of S G Processors Amritsar - PAN : AADCS9537L Appeal No.S2/ASR2018 - Assessment Year 2013-14 The above said appeal was filed before Hon'ble Bench and the same is still pending. With reference to above it is submitted that the assesee has opted for the settlement of dispute under the Kar Vivad Samadhan Act. Form No.l and 2 were filed with the Hon'ble Pr.CIT, Amritsar who has already issued Form No.3 i.e. Certificate under sub section 1 of section 5 of Direct Tax Vivad Se Vishwas Act 2020. Copy of Form No.3 issued by Hon'ble Pr.CIT, Amritsar-1 are enclosed for your honor's ready reference. 2 In view of the above submissions your honor is requested to kindly issue Certificate of withdrawl of appeal which is required to be submitted to the Pr.CIT, Amritsar-1 along with Form No.4. Thanking you, Yours faithfully Sd/- (Ashwani Kalia) Chartered Accountant 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 the Income Tax Department has since issued Form 3 bearing Certificate No. 260383750150221, 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. 4. The Ld. Sr. DR did not object if appeal of the assessee is dismissed as withdrawn. 5. In view of the above the appeal of the assessee is dismissed as withdrawn. 6. In the result, appeal of the assessee is dismissed. (Order pronounced on 11/11/2021) Sd/- ( N.K. SAINI) VICE PRESIDENT AG Date: 11/11/2021 Copy of the order forwarded to : 1. The Appellant 2. The Respondent 3. CIT 4. The CIT(A) 5. DR, ITAT, AMRITSAR 6. Guard File