SHRI ARUN KUMAR JAIN,JABALPUR vs. INCOME TAX OFFICER WARD 2(1), JABALPUR

Per Sanjay Arora, AM This is an Appeal by the Assessee directed against the Order by the Commissioner of Income Tax (Appeals)-1, Jabalpur (‘CIT(A)’ for short) dated 28/8/2017, dismissing the assessee’s appeal contesting his assessment under section 143(3) of the Income Tax Act, 1961 (‘the Act’ hereinafter) for the Assessment Year (AY) 2009-10 vide Order dated 27/12/2011. 2. At the very outset, it was submitted by Sh. Shrivastava, the learned counsel for the assessee, that the assessee has opted for the Vivad Se Vishwas Scheme, 2019 (‘VsVS’) and, therefore, does not intend to prosecute his appeal before the Tribunal. The requisite certificate from the Department (i.e., Form 3), signifying the acceptance of the application thereunder upon its’ vetting, as provided under the relevant Rules, has also been received, even as tax arrears admitted thereby 1 Arun Kumar Jain v. ITO remain unpaid yet. The assessee’s appeal, it was urged, could be under the circumstances either adjourned till the payment or treated as withdrawn reserving a liberty to move the Tribunal for restoration of the said appeal in case the application for settlement of the tax dispute under VsVS fails for any reason.