SHRI VARINDER SINGH BAINS,HOSHIARPUR vs. INCOME TAX OFFICER, WARD-4, HOSHIARPUR
What did the Tribunal hold?
The tribunal allowed the withdrawal of the appeals as the assessees had availed the Vivad Se Vishwas scheme and received Form No. 3/5 from the Income Tax Department.
What were the facts?
Several assessees filed appeals before the ITAT. During the hearing, the assessees' representatives requested to withdraw these appeals.
What were the issues?
Whether appeals can be withdrawn if the assessee has opted for the Vivad Se Vishwas scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DIVISION BENCH, AMRITSAR
Before: SHRI. N. K. SAINI & SHRI N. K. CHOUDHRY
Heard together (5 matters)
Read from the judgment's own cause title. This page is filed under one of them.
आदेश आदेश/ORDER आदेश आदेश
PER N.K. CHOUDHRY, JM:
These appeals under consideration have been preferred by the different assessees against the separate orders impugned herein passed by different Ld. Commissioners of Income Tax (Appeal) stationed at various stations, detailed below :
SI No. Appeal No. Name of CIT(Appeal/s) Order dt. Case 1. In ITA No. Mr. Rajiv Kumar CIT(A), Bathinda 08/03/2018 349/Asr/2018 Khanna 2. In ITA No. Sh. Gagan Arora CIT(A)-1, Jalandhar 27/03/2018 357/Asr/2018 (HUF) 3. In ITA No. Sh.Varinder CIT(A)-1, Jalandhar 30/08/2018 569/Asr/2018 Singh Bains 4. In ITA No. Smt. Kulwinder CIT(A)-1, Jalandhar 22/11/2018 06/Asr/2019 Kaur 5. In The Bathinda CIT(A), Bathinda 07/02/2019 336/Asr/2019 Distt. Co-op. Milk P. U. Ltd. 6-7. In ITA Nos. 45 & Sh. Harpreet CIT(A)-1, Jalandhar 29/11/2019 46/Asr/2020 Singh Siddhu
In all the above appeals, the Ld. Counsels of the Assessees or Assessees themselves furnished separate applications for withdrawal of the appeals.
During the course of hearing the Ld. Counsels for the Assessees submitted that since the assessees have availed the immunity scheme i.e; Vivad Se Vishwas and the Income Tax Department has issued Form No. 3/5 in response to the applications filed by the Assessees under section 5(1) of the Direct Tax Vivad se Vishwas Act, 2020, therefore the appeals of the Assessees may be allowed to be withdrawn. The details of above said certificates are as under:
SI No. Appeal No. Name of Case Certificate No.
In ITA No. Mr. Rajiv Kumar Khanna 446080390060820 349/Asr/2018 Dt. 06.08.2020 2. In ITA No. Sh. Gagan Arora (HUF) 473041200180820 357/Asr/2018 Dt. 18.08.2020 3. In ITA No. Sh.Varinder Singh Bains 475367720190820 569/Asr/2018 Dt. 19.08,2020 4. In ITA No. Smt. Kulwinder Kaur 388466530090720 06/Asr/2019 Dt. 09.07.2020 5. In The Bathinda Distt. 445834820060820 336/Asr/2019 Co-op. Milk P. U. Ltd. Dt. 06.08.2020 6-7. In ITA Nos. 45 & Sh. Harpreet Singh Siddhu 474679820190820 46/Asr/2020 Dt. 19.08.2020
The Ld. DR raised no objection, if the appeals of the Assessees are allowed to be dismissed as withdrawn.
In view of the above facts and circumstances, the appeals of the assessees are liable to be dismissed as withdrawn, hence ordered accordingly.
In the result, instant appeals of the Assessees stands dismissed as withdrawn. Order pronounced on 23/09/2020
More judgments on Section 5(1)
- Bajrang Singh Rajawat, Jaipur vs ITO Ward-7(2), JaipurITA 1120/JPR/2025[2014-15]Status: Disposed30 Jul 2026AY 2014-15
- Krrishraj Construction Pvt. Ltd., Ahmedabad vs The ACIT, Central Circle-3, SuratITA 1232/SRT/2025[2016-17]Status: Disposed4 May 2026AY 2016-17
- Krrishraj Construction Pvt. Ltd., Ahmedabad vs The ACIT, Central Circle-3, SuratITA 1231/SRT/2025[2015-16]Status: Disposed4 May 2026AY 2015-16
- Amit Satpathy, Mumbai vs ITO-42(2)(1), MumbaiITA 5930/MUM/2025[2017-18]Status: Disposed27 Feb 2026AY 2017-18
- Amish Anantrai Modi, Mumbai vs Central Circel 2(1), MumbaiITA 6281/MUM/2025[2011-2012]Status: Disposed9 Dec 2025AY 2011-2012
Recent GST High Court judgments
Search GST case law →- Prabhudatta Mishra vs. The Commissioner Of Commercial Taxes And Goods And Services Tax, OdishaOrissa · 15 Oct 2026
- Rajesh Kumar Gupta vs. Joint Commissioner Of GST (Appeal), Territorial Range, BolangirOrissa · 15 Oct 2026
- M/S. Attitude Exim PVT. LTD., Rourkela vs. The Commissioner Of CT And GST, CuttackOrissa · 15 Oct 2026
- M/S.Pradeep Kumar Mahapatra, Bhubaneswar vs. Superintendent Bhubaneswar-Iii Circle, CGST Range, BhubaneswarOrissa · 15 Oct 2026
- Dillip Kumar Behera vs. The Assistant Commissioner Of State Tax, Mayurbhanj CircleOrissa · 15 Oct 2026