THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BALLARI., BELLARY vs. SHRI NAGAPP D. WADDAR., RAICHUR

The present appeal filed by the Revenue is directed against the order passed by the CIT(Appeals), Gulbarga dated 22.02.2017, which in turn arises from the order passed by the A.O under Sec. 143(3) of the Income- tax Act, 1961, dated 06.03.2014 for assessment year 2011-12.

The assessee has filed a letter dated 14.10.2021, wherein it is stated that in order to settle the aforesaid appeal pending before the Tribunal an application has been filed under the Direct Tax Vivad se Vishwas Act, 2020. During the course of hearing of the appeal, it was stated by the Ld. Authorized Representative (in short ‘AR') for the assessee that “Form 5” have been issued by the designated authority. Backed by the aforesaid facts it is requested that the captioned appeal may be allowed to be withdrawn.

In view of the above we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme, then, the appellant shall have liberty to approach the Tribunal for restoration of its appeal.

Resultantly, the appeal is dismissed as withdrawn subject to the observation recorded hereinabove. Order pronounced in Open Court on 23rd day of February, 2022.