GOWTHAMI ADAPA, HYDERABAD vs. INCOME TAX OFFICER, WARD-12(1), HYDERABAD

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ITA 1135/HYD/2018Status: DisposedITAT Hyderabad22 June 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 Viswas scheme. The appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against an order of the CIT(A) for AY 2014-15. The assessee subsequently opted to avail the 'Vivad Se Viswas' scheme.

What were the issues?

Whether the assessee should be allowed to withdraw the appeal due to opting for the Vivad Se Viswas scheme.

Which sections of the Income-tax Act were involved?

Section 144,Section 250(6)

AI-generated summary — verify with the full judgment below

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

For Appellant: Shri A.V. Raghuram, AR
For Respondent: Shri Subramanyam Tota, DR
Hearing: 16/6/2021Pronounced: 22/6/2021

ORDER This appeal is filed by the assessee against the order of the Ld. CIT (A)-1, Hyderabad in appeal No. 0396/CIT(A)- 1/Hyd/2016-17/2017-18, dated 14/02/2018 passed U/s. 144 r.w.s 250(6) of the Act for the AY 2014-15.

2.

At the outset, Ld.AR submitted before me that the assessee desires to withdraw her 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 It was therefore pleaded, that the appeal of the assessee may be allowed to be withdrawn.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Having heard both the parties through video conference, I am inclined to allow the appeal of the assessee to be withdrawn yielding to the prayer of the Ld.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 Accordingly, I hereby dismiss the appeal of the assessee as withdrawn. However, I 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 22nd June, 2021.

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