NILESH JAIN,GUNTUR vs. THE INCOME TAX OFFICER, WARD-2(1), GUNTUR

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ITA 623/VIZ/2018Status: DisposedITAT Visakhapatnam22 December 2020AY 2015-163 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal allowed the assessees' request to withdraw their appeals. This was based on the assessees having availed the Vivad se Vishwas scheme and the Income Tax Department issuing the necessary forms.

What were the facts?

The assessees filed appeals against the orders of the CIT(A) for the Assessment Year 2015-16. During the hearing, the assessees sought withdrawal of their appeals.

What were the issues?

The primary issue was whether the assessees' appeals could be dismissed as withdrawn due to their participation in the Vivad se Vishwas scheme.

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:

These appeals by the assessees are directed against the separate orders of Commissioner of Income Tax (Appeals)-1, Guntur, all dated 15/10/2018 for the Assessment Year 2015-16.

2.

The Assessees have preferred the instant applications under consideration for withdrawal of the appeals.

2 & 624/VIZ/2018 (Nilesh Jain & Smt.Mamata Kumari) 3. During the course of hearing, the Ld. Counsel for the Assessees submitted that since the Assessees have availed the immunity scheme i.e; Vivad Se Vishwas under The Direct Tax Vivad se Vishwas Act, 2020 and the Income Tax Department has issued Forms No. 3 in response to the applications filed by the Assessees under the scheme, therefore the appeals of the Assessees may be allowed to be dismissed as withdrawn with liberty to seek recall of the order in case unforeseen circumstances would arise in future.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 DR raised no objection, if the appeals of the Assessees are allowed to be dismissed as withdrawn.

5.

Having heard the parties and perused the applications for withdrawal of the appeals and Forms No. 3 (Copy already on record) issued by the Department. Considering the facts and circumstances, the appeals of Assessees are liable to be dismissed as withdrawn with liberty to the Assessees to seek recall of the order as prayed for in accordance of law, hence ordered accordingly.

6.

In the result, instant appeals of the Assessees stands dismissed as withdrawn.

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

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