SHRI KAILASH CHAND MODANI,JAIPUR vs. INCOME TAX OFFICER, WARD-2-3, JAIPUR

The ld. AR appearing on behalf of the assessee has moved an application on the ground that the assessed had applied for Vivad Se Vishwas Scheme, 2020 (in short, VSVS) and submitted Form No. 1 on dated 29/01/2021 vide acknowledgement No.231987510290121. The copy of the said Form has also been placed on record. It was further requested by the assessee that the present appeal be kept in abeyance till Form No. 5 of the VSVS is obtained.

2 ITA 648/JP/2019_ Kailash Chand Modani Vs ITO 3. After hearing both the parties, we found that since the assessee has already opted for VSVS and had placed on record Form No.1 dated 29/01/2021, therefore, considering the said action of the assessee, the present appeal is dismissed as no cause of action has been left with the assessee to maintain the present appeal. However, in case, at any stage, if it is brought to the notice of the Bench that the compromise between the parties has not been affected then in that eventuality, the assessee would be at liberty to move appropriate application for recalling of the present order.

In the result, this appeal of the assessee is dismissed. Order pronounced in the open court on 10th March, 2022.