LATE SMT.SHAKUNTALA AGARWAL LEGAL HEIR BY RAKESH AGARWAL, ,HYDERABAD vs. INCOME TAX OFFICER, WARD-8(2), HYDERABAD

At the time of hearing none appeared before us on behalf of the assessee. From the record, it appears that the assessee desires to withdraw the instant appeal as the assessee has opted to avail ‘Vivad Se Viswas’ scheme. It was further noticed that the assessee had filed Form No.1 & 2 and Form-3 was also issued by the Revenue. Therefore, we are of the view that the appeal of the assessee should be treated as withdrawn.

The Ld. DR stated that if the assessee desires to opt Vivad-se- Vishwas Scheme, the Department has no objection.

Having regard to the facts and circumstances of the case, we are inclined to allow the appeal of the assessee to be withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Forms No.1, 2 and Form-3 was also issued by the Revenue. The Ld. DR has also not objected to the assessee’s decision of opting Vivad-se- Vishwas Scheme. Accordingly, we hereby dismiss the appeal of the assessee as withdrawn.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-Vishwas scheme by the Revenue for whatsoever may be the reason, then the assessee shall be at liberty to file Miscellaneous Petition before the Tribunal within the time limit prescribed under the Act to reinstate the present appeal. It is ordered accordingly.

In the result, appeal of the assessee is dismissed as withdrawn.