What did the Tribunal hold?

The Tribunal noted that the assessees had filed an application under the Vivad Se Vishwas Act and a certificate was issued. The assessees sought to withdraw the appeals.

The assessees filed appeals against the orders of the CIT(A). During the pendency of the appeals, the assessees filed an application under the Vivad Se Vishwas Act, 2020, and a certificate was issued by the Principal Commissioner.

What were the issues?

The primary issue was whether the appeals should be dismissed as withdrawn due to the assessees opting for the Vivad Se Vishwas scheme.

Kanchan Ghisalal Jain, Vijayawada vs ITO | ITAT Visakhapatnam 2020

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI N.K.CHOUDHRY & SHRI D.S. SUNDER SINGH

For Appellant: Shri G.V.N.Hari, AR

Hearing: 22.12.2020Pronounced: 22.12.2020

Heard together (2 matters)

I.T.A.No.219/Viz/2018

I.T.A.No.223/Viz/2018

Read from the judgment's own cause title. This page is filed under one of them.

Per Shri D.S.Sunder Singh, Accountant Member :

These appeals filed by the assessees are directed against the separate orders of Commissioner of Income Tax (Appeals) [CIT(A)] as follows :

Name of the I.T.A.No. Against CIT(A) order No & Date A.Y. assessee CIT(A), Vijayawada Sri Nikhil 219/Viz/2018 ITA No.370/CIT(A)/VJA/2016 -17 2014-15 Kumar Jain dated 17.04.2018 CIT(A), Vijayawada Smt.Kanchan 223/Viz/2018 ITA No.344/CIT(A)/VJA/2016-17 2014-15 Ghisalal Jain dated 23.04.2018 Sri Ghisalal CIT(A), Vijayawada 224/Viz/2018 Poonamchand 2014-15 ITA No.346/CIT(A)/VJA/2016-17 Jain (HUF) dated 23.04.2018

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 Commissioner, the appeal shall be deemed to be withdrawn from the date on which Form No.3 is filed, however, he submitted that appeals may be recalled in case the certificate issued by the Pr. Commissioner is Sri Nikhil Kumar Jain & Others, Vijayawada withdrawn at a future date due to any unforeseen contingencies.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.

Order pronounced in the open court on 22nd December, 2020. (एन के चौिरी ) (धड.एस. सुन्दर धसंह) (N.K.CHOUDHRY) (D.S.SUNDER SINGH) न्याधयक सदस्य/JUDICIAL MEMBER लेखा सदस्य/ACCOUNTANT MEMBER नदनधंक /Dated : 22.12.2020 L.Rama, SPS Sri Nikhil Kumar Jain & Others, Vijayawada आदेश की प्रतितिति अग्रेतिि/Copy of the order forwarded to:- 1. ननधधाऩरती/ The Assessees- (i) Sri Nikhil Kumar Jain (ii) Smt.Kanchan Ghisalal Jain (iii) Sri Ghisalal Poonamchand Jain (HUF), Flat No.5, 4th Floor, EV Plaza, Rajagopalachari Street, Governorpet, Vijayawada 2. रधजस्व/The Revenue – (i) Dy.Commissioner of Income Tax , Circle-2(1), Vijayawada (ii) Income Tax Officer, Ward-2(1), Vijayawada

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

आदेशधनुसधर / BY ORDER

Sr. Private Secretary ITAT, Visakhapatnam

KANCHAN GHISALAL JAIN,VIJAYAWADA vs. INCOME TAX OFFICER, WARD - 2(1), VIJAYAWADA

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