TUMMALA SACHENDRA, HYD,HYDERABAD vs. ACIT, CIRLCE-12(1), HYD, HYDERABAD

At the time of hearing, none appeared before us to represent the case of the assessee. On perusal of the record, we find that the assessee desires to withdraw his instant appeals as the assessee has opted to avail ‘Vivad Se Viswas’ scheme. It was further observed that the assessee had filed Form No.1 & 2 and Form-3 was also received from the Revenue in both the appeals.

The Ld. DR submitted that if the assessee wishes to opt Vivad se- Vishwas scheme, the Department has no objection.

Having regard to the facts and circumstances of the case, We allow the appeals of the assessee to be withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Forms No.1, 2 and Form No.3 was also received from the Revenue. The Ld. DR has also conceded to the request of the assessee. Accordingly, We hereby dismiss the appeals of the assessee as withdrawn. However, We also make it clear that, if the assessee’s case/s 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/s before the Tribunal within the time limit prescribed under the Act to reinstate the appeal/s. It is ordered accordingly.

In the result, two appeals of the assessee are dismissed as withdrawn.