GNANENDARA REDDY MIDADE,MAHABOOBNAGAR vs. INCOME TAX OFFICER, WARD-2, MAHABOOBNAGAR

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ITA 620/HYD/2019Status: DisposedITAT Hyderabad16 September 2021AY 2014-153 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeal as the assessee had opted for the Vivad Se Vishwas scheme and the Revenue had conceded to the request. The appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against an order passed under Section 263 of the Income Tax Act. The assessee subsequently opted to avail the 'Vivad Se Vishwas' scheme.

What were the issues?

Whether the appeal can be withdrawn by the assessee due to opting for the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCH “A”, HYDERABAD

Before: SMT. P. MADHAVI DEVI & SHRI A. MOHAN ALANKAMONY

For Respondent: Smt. D. Komali Krishna
Hearing: 15/09/2021Pronounced: 16/09/2021

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH “A”, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER Assessment Year: 2014-15 Gnanendara Reddy Midade, Vs. The Income Tax Officer, Mahabubnagar – 509 228. Ward-2, PAN: BGHPM 8502 B Mahabubnagar. (Appellant) (Respondent) Assessee by: Sri K.A. Sai Prasad for K.C. Devdas Revenue by: Smt. D. Komali Krishna Date of hearing: 15/09/2021 Date of pronouncement: 16/09/2021 ORDER PER A. MOHAN ALANKAMONY, AM.:

This appeal is filed by the assessee against the order of the Ld. Principal Commissioner of Income Tax-4, Hyderabad in F. No. Pr.CIT- 4/263/12/2017-18, dated 07/03/2019 passed U/s. 263 of the Act for the AY 2014-15.

2.

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. 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 It was therefore pleaded, that the appeal of the assessee may be allowed to be withdrawn.

3.

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

4.

Having heard both the sides through video conference, we are inclined to allow the appeal of the assessee to be withdrawn yielding to the prayer of the Ld.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, 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.

5.

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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