NIKHIL KUMAR JAIN ,VIJAYAWADA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1), , VIJAYAWADA

When these appeals are taken up for hearing, Ld.Counsel for the assessees has filed a letter stating that the assessees preferred an application u/sec: (2) of Vivad Se Vishwas Act 2020 and the Principal Commissioner (Central), Visakhapatnam was pleased to issue a Certificate in Form No.3 on 09.11.2020-. Once Form No.3 is issued by the Pr. Commissioner, the appeal shall be deemed to be withdrawn from the date on which Form No.3 is filed, however, he submitted that appeals may be recalled in case the certificate issued by the Pr. Commissioner is 3 I.T.A. No.219/Viz/2018, 223/Viz/2018 & 224/Viz/2018, A.Y.2014-15 Sri Nikhil Kumar Jain & Others, Vijayawada withdrawn at a future date due to any unforeseen contingencies.

Ld.DR has not raised any objection.

We have heard both the sides and gone through the Form No.3 and also gone through the withdrawal petitions filed by the assessees. We find that in this case Form No.3 is issued by the Pr.Commissioner and the Ld.Counsel for the assessees has submitted that he may be permitted to withdraw the appeals. We, therefore, dismiss the appeals as withdrawn, however, with a rider that in any case the certificate issued by the Pr.Commissioner is withdrawn at a future date for any reason, it is open to the assessees to file an appropriate application before the Tribunal. In that event, the order passed by the Tribunal would be recalled in accordance with law.

In the result, appeals filed by the assessees are dismissed as withdrawn.

The Pr.Commissioner of Income Tax, Vijayawada

The Commissioner of Income Tax (Appeals), Vijayawada 5. नवभधगीय प्रनतनननध, आयकर अपीलीय अनधकरण, नवशधखधपटणम/DR,ITAT, Visakhapatnam 6.गधर्ा फ़धईल / Guard file