RAVINDRA KUMAR JAIN,VIJAYAWADA vs. INCOME TAX OFFICER, WARD - 2(1), VIJAYAWADA

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ITA 237/VIZ/2018Status: DisposedITAT Visakhapatnam22 December 2020AY 2014-153 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeal as it was settled under the Vivad se Vishwas scheme. Liberty was granted to seek recall if unforeseen circumstances arise.

What were the facts?

The assessee filed an appeal against an order for AY 2014-15. During the hearing, the assessee sought to withdraw the appeal.

What were the issues?

Whether an appeal can be withdrawn if the dispute is settled under a tax immunity scheme.

Which sections of the Income-tax Act were involved?

The Direct Tax Vivad se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI N.K. CHOUDHRY, HON’BLE & SHRI D.S. SUNDER SINGH, HONBLE

For Appellant: Shri G.V.N. Hari, Advocate
Hearing: 22/12/2020

Assessee by : Shri G.V.N. Hari, Advocate. Department by : Smt.Suman Malik, DR Date of hearing : 22/12/2020. Date of pronouncement : 22/12/2020. O R D E R

Per N.K.Choudhry, Judicial Member :

1.

This appeal has been preferred by the Assessee against the order dated 17/04/2018 impugned herein passed by the Commissioner of Income Tax (Appeals), Vijayawada, for the Assessment Year 2014-15.

2.

The Assessee has preferred the instant application under consideration for withdrawal of the appeal.

3.

During the course of hearing, the Ld. Counsel for the Assessee submitted that since the assessee has availed the (Sri Ravindra Kumar Jain) immunity scheme i.e; Vivad Se Vishwas under The Direct Tax Vivad se Vishwas Act, 2020 and the Income Tax Department has issued Form No. 3 in response to the application filed by the Assessee under the scheme, therefore the appeal of the Assessee may kindly be allowed to be dismissed as withdrawn with liberty to seek recall of the order in case unforeseen circumstances would arise in future.

4.

The Ld. DR raised no objection, if the appeal of the Assessee is allowed to be dismissed as withdrawn.

5.

Having heard the parties and perused the application for withdrawal of the appeal and Form-3 (Copy already on record) issued by the Department. Considering the facts and circumstances, the appeal of assessee is liable to be dismissed as withdrawn with liberty as prayed for in accordance of law, hence ordered accordingly.

6.

In the result, instant appeal of the Assessee stands dismissed as withdrawn.

Order Pronounced in open Court on this 22nd day of Dec., 2020.

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