Ghisalal Poonamchand Jain, Vijayawada V. Income Tax Officer, Ward-2(1), Vijayawada

ITA 224/VIZ/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0237 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 2 year(s) 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 22-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Section: 201; 22

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM (THROUGH WEB - BASED VIDEO CONFERENCING PLATFORM) , . . , BEFORE SHRI N.K.CHOUDHRY, JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER ./ I.T. A.NO. 2 19 /VIZ/201 8 ( / ASS ESSMEN T YEAR : 20 1 4 - 1 5 ) SRI NIKHIL KUMAR JAIN FLAT NO.5, 4 TH FLOOR, EV PLAZA RAJAGOPALACHARI STREET GOVERNORPET, VIJAYAWADA [PAN : AFHPJ3322E] VS. DY.COMMISSIONER OF INCOME TAX CIRCLE - 2(1) VIJAYAWADA ./ I.T. A.NO. 223/VIZ/2018 AND 224/VIZ/2018 ( / ASS ESSMEN T YEAR : 201 4 - 15) SMT.KANCHAN GHISALAL JAIN FLAT NO.5, 4 TH FLOOR, EV PLAZA RAJAGOPALACHARI STREET GOVERNORPET, VIJAYAWADA [PAN : AADPJ9056C] VS. INCOME TAX OFFICER WARD - 2(1) VIJAYAWADA SRI GHISALAL POONAMCHAND JAIN (HUF) FLAT NO.5, 4 TH FLOOR, EV PLAZA RAJAGOPALACHARI STREET GOVERNORPET, VIJAYAWADA [PAN : AAAHJ3479E] ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SHRI G.V.N.HARI, AR / RESPONDENT BY : S MT.SUMAN MALIK, DR / DATE OF HEARING : 22.12.2020 /DATE OF PRONOUNCEMENT : 22 .12.2020 2 I.T.A. NO. 2 19/VIZ/2018, 223/VIZ/2018 & 224/VIZ/2018 , A.Y.201 4 - 1 5 SRI NIKHIL KUMAR JAIN & OTHERS , VI JAYAWADA / O R D E R P ER SHRI D.S.SUNDER SINGH, ACCOUNTANT MEMBER : THESE APPEALS FILED BY THE ASSESSEES ARE DIRECTED AGAINST THE SEPARATE ORDERS OF COMMISSIONER OF INCOME TAX (APPEALS) [CIT(A)] AS FOLLOWS : I.T.A.NO. NAME OF THE ASSESSEE AGAINST CIT(A) ORDER NO & DATE A.Y. 219/VIZ/2018 SRI NIKHIL KUMAR JAIN CIT(A), VIJAYAWADA ITA NO.370/CIT(A)/VJA/2016 - 17 D ATED 17.04.2018 2014 - 15 223/VIZ/2018 SMT.KANCHAN GHISALAL JAIN CIT(A), VIJAYAWADA ITA NO.344/CIT(A)/VJA/2016 - 17 D ATED 23.04.2018 2014 - 15 224/VIZ/2018 SRI GHISALAL POONAMCHAND JAIN (HUF) CIT(A), VIJAYAWADA ITA NO.346/CIT(A)/VJA/2016 - 17 DATED 23.04.2018 2014 - 15 2. WHEN THESE APPEALS ARE TAKEN UP FOR HEARING, LD.COUNSEL FOR THE ASSESSEES HAS FILED A LETTER STATING THAT THE ASSESSEES PREFERRED AN APPLICATION U/SEC : (2) OF VIVAD SE VISHWAS ACT 2020 AND THE PRINCIPAL COMMISSIONER (CENTRAL), VISAKHAPATNAM WAS PLEASED TO ISSUE A CERTIFICATE IN FORM NO.3 ON 09.11.2020 - . ONCE FORM NO.3 IS ISSUED BY THE PR. COMMISSIONER, THE APPEAL SHALL BE DEEMED TO BE WITHDRAWN FROM THE DA T E ON WHICH FORM NO.3 IS FILED, HOWEVER, HE SUBMITTED THAT APPEALS MAY BE RECALLED IN CASE THE CERTIFICATE ISSUED BY THE PR. COMMISSIONER IS 3 I.T.A. NO. 2 19/VIZ/2018, 223/VIZ/2018 & 224/VIZ/2018 , A.Y.201 4 - 1 5 SRI NIKHIL KUMAR JAIN & OTHERS , VI JAYAWADA WITHDRAWN AT A FUTURE DATE DUE TO ANY UNFORESEEN CONTINGENCIES . 3. LD.DR HAS NOT RAISED ANY OBJECTION. 4. WE HAVE HEARD BOTH THE SIDES AND GONE THROUGH THE FORM NO.3 AND ALSO GONE THROUGH THE WITHDRAWAL PETITIONS FILED BY THE ASSESSEES. WE FIND THAT IN THIS CASE FORM NO.3 IS I SSUED BY THE PR.COMMISSIONER AND THE LD.COUNSEL FOR THE ASSESSEES HAS SUBMITTED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEALS. WE, THEREFORE, DISMISS THE APPEALS AS WITHDRAWN, HOWEVER, WITH A RIDER THAT IN ANY CASE THE CERTIFICATE ISSUED BY THE PR.COMMI SSIONER IS WITHDRAWN AT A FUTURE DATE FOR ANY REASON, IT IS OPEN TO THE ASSESSEES TO FILE AN APPROPRIATE APPLICATION BEFORE THE TRIBUNAL. IN THAT EVENT, THE ORDER PASSED BY THE TRIBUNAL WOULD BE RECALLED IN ACCORDANCE WITH LAW. 5. IN THE RESULT, APPEALS FILED BY THE ASSESSEES ARE DISMISSED AS WITHDRAWN . ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND DECEMBER, 2020. SD/ - SD/ - ( ) ( . . ) ( N.K.CHOUDHRY ) ( D.S.SUNDER SINGH) / JUDICIAL MEMBER /ACCOUNTANT MEMBER / DATED : 22 .12.2020 L.RAMA, SPS 4 I.T.A. NO. 2 19/VIZ/2018, 223/VIZ/2018 & 224/VIZ/2018 , A.Y.201 4 - 1 5 SRI NIKHIL KUMAR JAIN & OTHERS , VI JAYAWADA / COPY OF THE ORDER FORWARDED TO : - 1. / THE ASSESSEE S - (I) SRI NIKHIL KUMAR JAIN (II) SMT.KANCHAN GHISALAL JAIN (III) SRI GHISALAL POONAMC HAND JAIN (HUF), FLAT NO.5, 4 TH FLOOR, EV PLAZA, RAJAGOPALACHARI STREET, GOVERNORPET, VIJAYAWADA 2. / THE REVENUE (I) DY.COMMISSIONER OF INCOME TAX , CIRCLE - 2(1), VIJAYAWADA (II) INCOME TAX OFFICER, WARD - 2(1), VIJAYAWADA 3. THE PR.COMMISSIONER OF INCOME TAX , VIJAYAWADA 4. THE COMMISSIONER OF INCOME TAX (APPEALS) , VIJAYAWADA 5. , , / DR,ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM