M/s Bawa Gurmukh Singh & Sons, Amritsar. V. The Income Tax Officer, Amritsar.

ITA 589/ASR/2015

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7211 (ITAT-AMRITSAR)
• Duration Of Justice: 5 year(s) 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 09-11-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENC H, AMRITSAR (VIRTUAL COURT AT CHANDIGARH) BEFORE: SHRI. N.K.SAINI, VP & SHRI, R.L. NEGI, JM IN ITA NO. 589/ASR/2015 ASSESSMENT YEAR : 2010-11 M/S BAWA GURMUKH SINGH & SONS G.T. ROAD, RAYYA AMRITSAR VS. THE ITO WARD-4(1) AMRITSAR PAN NO: AAAFB7711R APPELLANT RESPONDENT ASSESSEE BY : NONE (WITHDRAWAL APPLICATION) REVENUE BY : SMT. PRIYANKA SINGLA, JCIT DR DATE OF HEARING : 17/03/2021 DATE OF PRONOUNCEMENT : 17/03/2021 ORDER PER N.K. SAINI, VICE PRESIDENT: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORD ER OF THE LD. CIT(A)-2, AMRITSAR DT. 30/09/2015. 2. DURING THE COURSE OF HEARING NOBODY WAS PRESENT ON BEH ALF OF THE ASSESSEE. HOWEVER THE LD. COUNSEL OF THE ASSESSEE HAS FURNISHED AN APPLICATION FOR WITHDRAWAL OF THIS APPEAL STATING THEREIN AS UNDER: SUB: WITHDRAWAL OF APPEAL NO. 589/ASR-2015 SIR, 1. THAT AN APPEAL IN THE ABOVE NOTED CASE IS PENDING B EFORE THE HON'BLE BENCH. 2. THAT DURING THE PENDENCY OF THE PRESENT APPEAL, THE LEGISLATURE HAS ENACTED DIRECT TAX VIVAD-SE-VISHWAS ACT, 2020, (VSV ACT F OR SHORT) WITH THE OBJECT TO PROVIDE FOR RESOLUTION OF DISPUTED TAX AND FOR MATT ERS CONNECTED THEREWITH OR INCIDENTAL THERETO. 3. THAT THE APPELLANT IS DESIROUS OF AVAILING THE DIRE CT TAX VIVAD-SE-VISHWAS ACT, 2020 SCHEME AND SETTLE ITS DISPUTES FOR THE ASSESSM ENT YEAR IN DISPUTE. THEREFORE, IN TERMS OF THE SCHEME PROVIDED IN THE VSV ACT, THE APPELLANT / APPLICANT IS REQUIRED TO WITHDRAW ITS PENDING APPEAL AND FURNISH THE INTIMATION TO THE DESIGNATED AUTHORITY. 2 4. THAT THE APPELLANT HAS FILED DECLARATION IN FORM-I AND AN UNDERTAKING IN FORM-2 FOR THE RELEVANT ASSESSMENT YEAR. 5. THAT IN RESPONSE TO THE DECLARATION FILED BY THE AP PLICANT, THE DESIGNATED AUTHORITY HAS ISSUED FORM-3 DATED 01/03/2021 BEARIN G CERTIFICATE NO. 277030590010321 ACCEPTING THE DECLARATION. 6. THAT IN VIEW THE AFORESAID FACTS AND CIRCUMSTANCES, THE PRESENT APPLICATION IS BEING FILED BEFORE THE HON'BLE BENCH TO WITHDRAW TH E APPEAL SO THAT THE APPELLANT IS ABLE TO FILE INTIMATION REGARDING THE SAME IN FORM-4 FOR FULL AND FINAL SETTLEMENT OF THE DISPUTE ARISING IN THE PRESENT AP PEAL. THANKING YOU, YOURS FAITHFULLY SD/- ADVOCATE COUNSEL 3. IN THE PRESENT CASE, IT IS NOTICED THAT THE ASSESSE E HAS AVAILED THE IMMUNITY SCHEME I.E; VIVAD SE VISHWAS AND THE INCOME TAX DEPART MENT HAS SINCE ISSUED FORM 3 BEARING CERTIFICATE NO. 277030590010321, IN RESPONSE TO THE APPLICATION FILE D BY THE ASSESSEE, UNDER SECTION 5(1) OF THE DIRECT TAX VIVAD S E VISHWAS ACT, 2020, THEREFORE THE APPEAL OF THE ASSESSEE IS TO BE DISMISSED AS WITHDRAW N. 4. THE LD. 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 D ISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 17/03/2021. SD/- SD/- (R.L. NEGI ) ( N.K. SA INI) JUDICIAL MEMBER VICE PRE SIDENT AG DATE: 17/03/2021 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