Sri Mukesh Jain, Vijayawada V. Income Tax Officer, Ward-2(1), Vijayawada

ITA 263/VIZ/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0328 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 2 year(s) 6 month(s) 22 day(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: 30-05-2018
• 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 (T HROUGH WEB - BASED VIDEO CONFERENCING PLATFORM) BEFORE SHRI N.K. CHOUDHRY, HONBLE JUDICIAL MEMBER AND SHRI D.S. SUNDER SINGH, HON'BLE ACCOUNTANT MEMBER I . T . A . NO. 258/VIZ/2018, 261/VIZ/2018, 263/VIZ/2018 & 264/VIZ /2018 (ASST. YEAR : 20 1 4 - 1 5 ) SUMERMAL JAIN PAN NO. AGEPP 8474 B NITINKUMAR RATANPURA (HUF) PAN NO. AAEHN 6928 G MUKESH JAIN PAN NO. ACUPM 0185 G MUKESH JAIN (HUF) PAN NO.AADHJ 4246 C D.NO. 27 - 14 - 28, SHOP NO.4, HOTEL KRISHNA RESIDENCY COMPLEX, RAJAGOPALACHARI STREET, VIJAYAWADA. VS. ITO, WARD - 2(1), VIJAYAWADA (APPELLANT S ) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI , ADVOCATE . DEPARTMENT BY : SMT.SUMAN MALIK, DR DATE OF HEARING : 2 2 / 12 /2020 . DATE OF PRONOUNCEMENT : 22 / 12 /20 20 . O R D E R PER N.K.CHOUDHRY, JUDICIAL MEMBER : TH E S E APPEAL S BY THE ASSESSEE S ARE DIRECTED AGAINST THE SEPARATE ORDER S OF COMMISSIONER OF INCOME TAX (APPEALS) , VIJAYAWADA , DATED 17/04/2018, 1 8 /0 4 /201 8 AND 23/04/2018 FOR THE ASSESSMENT YEAR 201 4 - 1 5 . 2 ITA NO S . 258 /V IZ /20 18 , 261/VIZ2018, 263/VIZ/2018 AND 264/VIZ/2018 ( SUMERMAL JAIN & OTHERS ) 2. THE ASSESSEES HAVE PREFERRED THE INSTANT APPLICATIONS UNDER CONSIDERATION FOR WITHDRAWAL OF THE APPEALS. 3. DURING THE COURSE OF HEARING, THE LD. COUNSEL FOR THE ASSESSEES SUBMITTED THAT SINCE THE ASSESSEES HAVE AVAILED THE IMMUNITY SCHEME I.E; VIVAD SE VISHWAS UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND T HE INCOME TAX DEPARTMENT HAS ISSUED FORMS NO. 3 IN RESPONSE TO THE APPLICATIONS FILED BY THE ASSESSEES UNDER THE SCHEME, THEREFORE THE APPEALS OF THE ASSESSEES MAY BE ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER IN CASE UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 4. THE LD. DR RAISED NO OBJECTION, IF THE APPEALS OF THE ASSESSEES ARE ALLOWED TO BE DISMISSED AS WITHDRAWN. 5. HAVING HEARD THE PARTIES AND PERUSED THE APPLICATIONS FOR WITHDRAWAL OF THE APPEALS AND FORMS NO. 3 (COPY ALREADY ON RECORD) ISSUED BY THE DEPARTMENT. CONSIDERING THE FACTS AND CIR CUMSTANCES, THE APPEALS OF ASSESSEES ARE LIABLE TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO THE ASSESSEES TO SEEK RECALL OF THE ORDER AS PRAYED FOR IN ACCORDANCE OF LAW, HENCE ORDERED ACCORDINGLY. 6. IN THE RESULT, INSTANT APPEALS OF THE ASSESSEES STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON THIS 2 2 N D DAY OF DEC., 2020. S D / - S D / - ( D.S.SUNDER SINGH) ( N.K.CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 2 2 N D DECEMBER , 2020. VR/ - 3 ITA NO S . 258 /V IZ /20 18 , 261/VIZ2018, 263/VIZ/2018 AND 264/VIZ/2018 ( SUMERMAL JAIN & OTHERS ) C OPY TO: 1. THE ASSESSEE (I) SUMERMAL JAIN(II) NITINKUMAR RATANPURA (HUF) (III) MUKESH JAIN (IV) MUKESH JAIN (HUF) D.NO. 27 - 14 - 28, SHOP NO.4, HOTEL KRISHNA RESIDENCY COMPLEX, RAJAGOPALACHARI STREET, VIJAYAWADA. 2. THE REVENUE A) ITO, WARD - 2(1 ), VIJAYAWADA 3. THE PR.CIT, VIJAYAWADA. 4. THE CIT(A), VIJAYAWADA. 5. THE D.R., VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.