SHRI ACHARYA DWIJESH SHARMA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

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ITA 222/JPR/2018Status: DisposedITAT Jaipur30 July 2021AY 2013-143 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 permitted the assessee to withdraw their appeals as they had opted for the Vivad Se Vishwas Scheme to settle the matter.

What were the facts?

The assessee filed appeals against penalty orders for AY 2013-14. During the pendency of these appeals, the assessee opted for the Vivad Se Vishwas Scheme.

What were the issues?

Whether an appeal can be withdrawn if the assessee has opted for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 271AAB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JAIPUR BENCHES “B”, JAIPUR

Before: SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 222/JP/2018

For Appellant: Shri Dev Arora (CA) jktLo dh vksj ls@
Hearing: 27/07/2021Pronounced: 30/07/2021

Heard together (2 matters)

ITA No. 222/JP/2018
ITA No. 223/JP/2018

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

vk;dj vihy la-@ITA No. 223/JP/2018 fu/kZkj.k o"kZ@Assessment Year : 2013-14 Late Acharya Shri Hari Sharma, cuke D.C.I.T. Vs. Through his L/H Acharya Shri Central Circle-2, Dwijesh Sharma, Jaipur. SB-164, Mahatma Gandhi Marg, Bapu Nagar, Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AIQPH 3449 C vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Dev Arora (CA) jktLo dh vksj ls@ Revenue by: Shri B.K. Gupta (CIT-DR) lquokbZ dh rkjh[k@ Date of Hearing : 27/07/2021 mn?kks"k.kk dh rkjh[k@ Date of Pronouncement : 30/07/2021 vkns'k@ ORDER PER: BENCH Both are the appeals filed by the assessee against the separate orders of the ld. CIT(A)-4, Jaipur both dated 01/01/2018 for the assessment year 2013-14.

2 ITA 222 & 223/JP/2018_ Sh. Acharya Dwijesh Sharma Vs ACIT & One Anr 2. The hearing of the appeals was concluded through video conference in view of the prevailing situation of Covid-19 Pandemic.

3.

At the time of hearing, the ld. AR appearing on behalf of the assessee furnished application for withdrawal of both these appeals. The contention made in one of the said application reads as under: “I had filed an appeal (Appeal No. 222/JP/2018) before your honor on 15/02/2018 for the AY 2013-14 being aggrieved from the order passed by the Ld. CIT(A), Jaipur penalty order passed u/s 271AAB. That the said appeal is pending for disposal before your honor. That I had opted the Vivaad Se Vishwas Scheme and filed Form 1 and 2 of the said scheme on 28/05/2020. That the said form has been approved and accordingly Form 3 is issued by the Hon’ble Principal Commissioner of Income Tax, Jaipur-2, Jaipur on 28/01/2021. Copy of the Form 3 is enclosed herewith for your kind perusal. Hence, I want to withdraw the said appeal pending before your honor. You are therefore requested to kindly treat this appeal as withdrawn and oblige. Thanking you. Yours faithfully, Sd/- (Dwejesh Acharya)”

4.

The ld DR has raised no objection if the appeals of the assessee are allowed to be withdrawn.

5.

Therefore, in view of the fact that the assessee has already approached the department to settle the matter under Vivad Se Vishwas

3 ITA 222 & 223/JP/2018_ Sh. Acharya Dwijesh Sharma Vs ACIT & One Anr Scheme, we permit the assessee to withdraw their appeals. Accordingly, both these appeals of the assessees are dismissed as withdrawn.

6.

In the result, both these appeals of the assessee are dismissed. Order pronounced in the open court on 30th July, 2021.

Sd/- Sd/- ¼foØe flag ;kno½ ¼lanhi x®lkÃa½ (VIKRAM SINGH YADAV) (SANDEEP GOSAIN) ys[kk lnL;@Accountant Member U;kf;d lnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated:- 30/07/2021 *Ranjan आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू vihykFkhZ@The Appellant- (i) Shri Acharya Dwijesh Sharma, Jaipur. 1. (ii) Late Acharya Shri Hari Sharma, through his L/H Acharya Shri Dwijesh Sharma, Jaipur. izR;FkhZ@ The Respondent- The ACIT/DCIT, Central Circle-2, Jaipur. 2. vk;dj vk;qDr@ CIT 3. vk;dj vk;qDr¼vihy½@The CIT(A) 4. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 5. xkMZ QkbZy@ Guard File (ITA No. 222 & 223/JP/2018) 6. vkns'kkuqlkj@ By order,

सहायक पंजीकार@Aेेज. त्महपेजतंत

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