MOHAN LAL KANKTEKAR ,HYDERABAD vs ASST. COMMISSIONER OF INCOME TAX, CIRCLE-7(1), HYDERABAD

Income Tax Appellate Tribunal, HYDERABAD BENCHES “B”: HYDERABAD

Before: SHRI SATBEER SINGH GODARA & LAXMI PRASAD SAHU

For Appellant: Shri Kiran Manohar for Shri S. Rama Rao

For Respondent: Shri YVST Sai

Hearing: 23/08/2021Pronounced: 25/08/2021

O R D E R PER BENCH: This appeal filed by the assessee for AY 2011-12 is directed against CIT(A) – 3, Hyderabad, order, dated 17/05/2019 involving proceedings u/s 143(3) of the Income Tax Act, 1961 ; in short “the Act”.

At the outset, the ld. counsel for the assessee submitted that the assessee has opted to avail the benefit under the ‘Direct Tax Vivad Se Viswas Scheme-2020’ in :- 2 -: Mohan Lak Kanktekar, Hyderabad . prescribed Form No.1 & 2 and received Form(s)-3 in tune thereto, and the same is available on record, therefore, requested the Bench to permit to withdraw this appeal of the assessee.

Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeals of the assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and received Form(s)-3 in tune thereto, with a rider that it shall be very much open for the assessee to file for revival of these cases, if the settlement benefit under the scheme is denied to him for technical reasons.

In the result, assessee’s appeal is dismissed in above terms. Pronounced in the open court on 25th August, 2021.

MOHAN LAL KANKTEKAR ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-7(1), HYDERABAD