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Income Tax Appellate Tribunal, HYDERABAD BENCHES “A”: HYDERABAD
Before: SHRI SATBEER SINGH GODARA & SHRI LAXMI PRASAD SAHU
O R D E R PER LAXMI PRASAD SAHU, A.M.: This appeal filed by the assessee for AY 2015-16 is directed against CIT(A)-4, Hyderabad’s order dated 23/04/2019 involving proceedings u/s 143(3) of the Income Tax Act, 1961 ;[ in short “the Act”].
At the outset, the ld. AR submitted that the assessee has opted to avail the benefit under the ‘Direct Tax Vivad Se Viswas Scheme-2020’ in prescribed Forms 1 and 2, and Form 3 also was issued by the Pr.CIT-4, copy of which is placed on :- 2 -: Sri Murali Narayan Rathi, Hyderabad record, and requested the Bench to permit the assessee to withdraw the appeal.
Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeal of the assessee as withdrawn, since the assessee has preferred to avail the Vivad-se-Vishwas Scheme and also received Form-3 in tune thereto, with a rider that it shall be very much open for the assessee to file for revival of this case, if the settlement benefit under the scheme is denied to the assessee for technical reasons.
In the result, assessee’s appeal is dismissed in above terms. Pronounced in the open court on 24th August, 2021.