HARISH BHATT NATARAJAN,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(4), HYDERABAD

This appeal is filed by the assessee against the order of the Ld. CIT(A)-12, Hyderabad in appeal No. 10112/2016-17, dated 22/09/2017 passed U/s. 143(3) r.w.s 153A and U/s. 250(6) of the Act for the A.Y. 2014-15.

At the outset, Ld. AR submitted before us that the assessee desires to withdraw his appeal as the assessee has opted to avail ‘Vivad Se Viswas’ scheme. It was further submitted that the assessee had filed Form No.1 & 2 and received Form-3 from the Revenue. The Ld.AR further submitted that the assessee had paid the due demand raised by the Revenue. It was therefore pleaded, that the appeal of the assessee may be allowed to be withdrawn.

The Ld. DR conceded to the submission of the Ld.AR.

Having regard to the facts and circumstances of the case, We are inclined to allow the appeal of the assessee to be withdrawn yielding to the prayer of the assessee that he has preferred to avail the Vivad-se- Vishwas Scheme by filing Forms No.1, 2 and Form-3 is issued by the Revenue and the due demand is also remitted to the treasury by the assessee. The Ld. DR has also conceded to the submission of the assessee. Accordingly, We hereby dismiss the appeal of the assessee as withdrawn. However, we also make it clear that, if the assessee’s case is not accepted in the Vivad-Se-Viswas scheme by the Revenue for whatsoever may be the reason, then the assessee shall be at liberty to file a Miscellaneous Petition before the Tribunal within the time limit prescribed under the Act to reinstate the appeal. It is ordered accordingly.

In the result, appeal of the assessee is dismissed as withdrawn.