M/S ABDULLA ASSOCIATES,NIPANI vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX, BELGAVI

Out of the above appeals, two appeals i.e. ITA Nos.117 & 118/PAN/2018 are barred by limitation of 7 days. In this regard, the assessee has filed an application for condonation of delay along with affidavit. Learned. DR has no objection for condoning the delay of 7 days in both the appeals. Considering the application of assessee along with affidavit filed for condonation of delay, we condone the delay of 7 days in both the appeals.

At the outset, on perusal of the record, we found that the assessees in their respective appeals and the department in its respective appeals have filed the declarations in Form No.1 and Form No.2 and the Designated Authority has issued the certificate in Form No.3 as per Section 5(1) of the Scheme accepting the assessee’s declaration under the same Scheme. Ld. DR has no objection to the submission made by the ld. AR of the assessee in this regard.

On perusal of the documents placed on record of the Tribunal, especially the fact that the present assessees in their respective appeals and the department in its respective appeals have duly complied with the necessary requirement under the Vivad Se Vishwas Scheme, 2020, the permission as sought is granted and these appeals appeal of the assessees and revenue are dismissed treating the same as withdrawn.

However, the aforesaid decision is subject to caveat that the case disputed relating to tax arrears for the caveat assessment year is not ultimately resolved in terms of the Act, the revenue and the assessee shall be at liberty to approach the Tribunal for the reinstitution of the 5 respective appeals and the Tribunal shall consider such consideration as per law.

In the result, the appeals filed by the assessees and revenue are dismissed as withdrawn Order pronounced in the open court on 07/10/ 2021. (ऱलऱत कुमार) (डॉ मीठा ऱाऱ मीना) (LALIET KUMAR) (DR. MITHA LAL MEENA) न्याययक सदस्य / JUDICIAL MEMBER ऱेखा सदस्य / ACCOUNTANT MEMBER पणजी/Panaji; ददनाांक Dated 07/10/2021 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रयिलऱपप अग्रेपषि/Copy of the Order forwarded to : अऩीऱाथी / The Appellant- 1. 2. प्रत्यथी / The Respondent- आयकर आयुक्त(अऩीऱ) / The CIT(A), 3. आयकर आयुक्त / CIT 4. ववभागीय प्रयतयनधध, आयकर अऩीऱीय अधधकरण, पणजी / DR,

ITAT, Panjaji गाडा पाईऱ / Guard file. 6. सत्यावऩत प्रयत ////