M/s Sai Engineering Fondation, Shimla V. CIT(E), Chandigarh

ITA 63/CHANDI/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7005 (ITAT-CHANDIGARH)
• Duration Of Justice: 3 year(s) 7 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 26-08-2021
• Assessment Year: misc
• Appeal Filed On: 23-01-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KUSUM BA NSAL
• Section: 143(3); 12AA

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BE NCH B, CHANDIGARH (VIRTUAL COURT) .., ! '# .. , $ %& BEFORE: SHRI. N.K.SAINI, VP & SHRI , R.L. NEGI, JM ITA NO. 63/CHD/2018 UNDER SECTION : 12AA M/S SAI ENGINEERING FOUNDATION, SAI BHAWAN, SECTOR-4, NEW SHIMLA, SHIMLA CIT(E) CHANDIGARH PAN NO: AAAAS5757P APPELLANT RESPONDENT ASSESSEE BY : SHRI VISHAL MOHAN, ADVOCATE ! REVENUE BY : SMT. KUSUM BANSAL, CIT ' !#$ DATE OF HEARING : 26/08/2021 %&'()*$ DATE OF PRONOUNCEMENT : 26/08/2021 %'/ ORDER PER N.K. SAINI, VICE PRESIDENT THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DT. 30/11/2017 OF LD. CIT(E), CHANDIGARH. 2. DURING THE COURSE OF HEARING THE LD. COUNSEL FOR THE ASSESSEE MOVED AN APPLICATION TO WITHDRAW THE APPEAL STATING THEREIN AS UNDER: APPLICATION FOR BRINGING ON RECORD SUBSEQUENT DEVEL OPMENTS, BECAUSE OF WHICH APPEAL HAS BEEN RENDERED INFRUCTUOUS. RESPECTFULLY SHEWETH: 1. THE PRESENT APPEAL HAS BEEN PREFERRED AGAINST THE R EJECTION OF APPLICATION FOR REGISTRATION UNDER SECTION 12AA OF THE INCOME TAX ACT, 1961. THE ASSESSMENTS FOR ASSESSMENT YEARS 2011-12, 2012-13, 2013-14, 2014-15 AND 2016-17 HAD BEEN FRAMED UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961. THE ISSUES IN THE SAID APPEALS HAVE BEEN GOT SETTLED BY THE ASSES SEE UNDER VIVAD SE VISHWAS ACT, 2020. 2. THAT AS ALL THE ISSUES ARISING FROM THE ASSESSMENTS HAVE BEEN SETTLED AND AS NOW, AS PER THE INSTRUCTIONS RECEIVED, THE A SSESSEE IS IN THE PROCESS OF CONVERTING THE SOCIETY INTO NON PROFIT COMPANY UNDE R SECTION 8 OF THE COMPANIES ACT, THE ISSUE INVOLVED IN THE PRESENT AP PEAL HAS BECOME ACADEMIC. 2 3. THAT BEING THE CASE, IT IS MOST RESPECTFULLY PRAYED THAT AS THE ISSUE HAS BECOME ACADEMIC, PERMISSION MAY KINDLY BE ACCORDED FOR WITHDRAWAL OF THE SAID APPEAL. 4. IT IS, THEREFORE, MOST RESPECTFULLY PRAYED THAT PRE SENT APPLICATION MAY KINDLY BE ALLOWED OR ANY OTHER ORDER WHICH THIS HON 'BLE TRIBUNAL DEEMS FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE MAY KINDLY BE PASSED. DATE: 11/08/2021 SD/- APPLICANT THROUGH COUNSEL. SD/- (VISHAL MOHAN) ADVOCATE 3. LD. DR DID NOT OBJECT IF THE APPEAL OF THE ASSES SEE IS DISMISSED AS WITHDRAWN. 4. IN VIEW OF THE ABOVE THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. (ORDER PRONOUNCED IN THE OPEN COURT ON 26/08/2021 ) SD/- SD/- .. .., (R.L. NEGI ) ( N.K. SAIN I) $ %&/ JUDICIAL MEMBER ! / VICE PRESIDENT AG DATE: 26/08/2021 &+,-.-) COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. ' / CIT 4. ' /01 THE CIT(A) 5. -!245$4*56789 DR, ITAT, CHANDIGARH 6. 8:# GUARD FILE