MITU PARAKH,HYDERABAD vs. INCOME TAX OFFICER, WARD-5(1), HYDERABAD
What did the Tribunal hold?
The tribunal allowed the assessee to withdraw their appeal as they had opted for the Vivad Se Viswas scheme. The appeal was dismissed as withdrawn, with liberty to reinstate if the scheme was not accepted.
What were the facts?
The assessee filed an appeal against an order of the CIT(A) for AY 2013-14. The assessee informed the tribunal that they had opted for the 'Vivad Se Viswas' scheme and had filed the necessary forms.
What were the issues?
Whether the assessee's appeal should be withdrawn due to opting for the Vivad Se Viswas scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, HYDERABAD BENCH “B-SMC”, HYDERABAD
Before: SHRI A. MOHAN ALANKAMONY
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH “B-SMC”, HYDERABAD BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER Assessment Year:2013-14 Smt Mitu Parakh, Vs. Income Tax Officer, Hyderabad. Ward-5(1), PAN: AHPPP 9449 L Hyderabad. (Appellant) (Respondent) Assessee by: Sri Kiran Kumar for Sri K.A. Sai Prasad Revenue by: Sri Rohit Mujumdar, DR Date of hearing: 02/09/2021 Date of pronouncement: 16/09/2021 ORDER
This appeal is filed by the assessee against the order of the ld. CIT (A)-4, Hyderabad in appeal No. 0370/16-17/ITO, Wd.5(1)/CIT(A)- 4/Hyd/18-19, dated 09/05/2018 passed U/s. 143(3) r.w.s 147 and U/s. 250(6) of the Act for the AY: 2013-14.
At the outset, Ld.AR submitted before me that the assessee desires to withdraw her appeal as the assessee has opted to avail ‘Vivad Se Viswas’ scheme. He further submitted that the assessee had filed Form No.1 & 2 and Form-3 was also received from the Revenue. It was therefore pleaded, that the appeal of the assessee may be allowed to be withdrawn.
The Ld. DR conceded to the request of the Ld.AR.
Having heard both the sides through video conference, I am inclined to allow the appeal of the assessee to be withdrawn yielding to the prayer of the Ld. AR as the assessee has preferred to avail the Vivad- se-Vishwas Scheme by filing Forms No.1, 2 and Form No.3 was also received from the Revenue. The Ld. DR has also conceded to the request of the Ld. AR. Accordingly, I hereby dismiss the appeal of the assessee as withdrawn. However, I 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.
Pronounced in the open Court on the 16th September, 2021.
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