SHRI RAKESH KUMAR JAIN,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4, JAIPUR

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ITA 1042/JPR/2018Status: DisposedITAT Jaipur03 March 2021AY 2012-133 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 the matter was settled under the Vivad Se Vishwas Scheme. The Revenue did not object to the withdrawal.

What were the facts?

The assessee filed appeals against the orders of the CIT(A) for AY 2012-13 and 2013-14. The assessee subsequently applied for settlement of disputes under the Vivad Se Vishwas Scheme.

What were the issues?

Whether the assessee can withdraw their appeals after opting for settlement under the Vivad Se Vishwas Scheme.

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. 1042 & 1043/JP/2018

For Appellant: Shri Ashish Sharma (Adv) jktLo dh vksj ls@
Hearing: 02/03/2021Pronounced: 03/03/2021

ORDER PER: SANDEEP GOSAIN, J.M. Both are the appeals filed by the assessee against the separate orders of the ld. CIT(A)-2, Jaipur both dated 20/07/2018 for the A.Y. 2012-13 and 2013-14 respectively.

2.

The hearing of the appeals was concluded through video conference in view of the prevailing situation of Covid-19 Pandemic.

3.

The ld. Counsel for the assessee furnished application for withdrawal of both these appeals. The contention of the said application reads as under:

1.

2 ITA 1042 & 1043/JP/2018_ Rakesh Kumar Jain Vs ACIT “In respect of above it is most respectfully submitted that the assesse had applied for settlement of dispute with Income tax department in above appeals which has been accepted by Principal Commissioner of Income Tax in Vivad Se Vishwas Scheme (copy of form no. 3 issued by the department is annexed herewith). It is therefore prayed to all permit the assesse to withdraw the above mentioned appeals. Thanking You Yours Sincerely Ashish Sharma A/R”

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The ld DR has raised no objection if the appeals of the assessee are allowed to be withdrawn.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 Scheme, we permit the assessee to withdraw their appeals. Accordingly, both these appeals of the assesses are dismissed as withdrawn.

6.

In the result, these appeals of the assessee are dismissed. Order pronounced in the open court on 03rd March, 2021.

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