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Income Tax Appellate Tribunal, JAIPUR BENCHES “B”, JAIPUR
Before: SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 511/JP/2019
ORDER PER: SANDEEP GOSAIN, J.M. This appeal has been filed by the assessee against the order of the ld. CIT(A)-2, Jaipur dated 22/02/2019 for the A.Y. 2010-11.
The hearing of the appeal was concluded through video conference in view of the prevailing situation of Covid-19 Pandemic.
The ld. Counsel for the assessee furnished application for withdrawal of this appeal. The contention made in the said application reads as under: “The appellant request that the case is fixed for hearing on 09/02/2021 but the appellant wants to withdraw the appeal because certificate of settlement in Form No.3 received from the 2 ITA 511/JP/2019_ Sh. Dinesh Kumar Soni Vs ITO PCIT-2, Jaipur and filed Form No.4 to the IT Department both forms are being enclosed herewith for necessary action in this regard. The IT department already recovered whole demand before appealed the matter, now excess recovered tax is refundable to the appellant. Therefore, we humble request before your honor to do needful action. Thanks. Sh. Dinesh Kumar Soni (Shyam Sunder Jangid)”
The ld DR has raised no objection if the appeal of the assessee is allowed to be withdrawn.
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 his appeal. Accordingly, the appeal of the assesses is dismissed as withdrawn.
In the result, this appeal of the assessee is dismissed. Order pronounced in the open court on 10th February, 2021.