KHAJA RASHEED MOHAMMED UDDIN,HYDERABAD vs. INCOME TAX OFFICER, WARD-14(4), HYDERABAD
What did the Tribunal hold?
The Tribunal allowed the assessees to withdraw their appeals as they had opted for the Vivad Se Viswas scheme. The appeals were dismissed as withdrawn, with liberty to seek reinstatement if the scheme was not accepted.
What were the facts?
The assessees filed appeals before the ITAT for AY 2008-09. They subsequently opted to avail the 'Vivad Se Viswas' scheme and had filed the necessary forms.
What were the issues?
Whether the appeals should be withdrawn due to the assessee opting for the Vivad Se Viswas scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, HYDERABAD BENCH “B”, HYDERABAD
Hyderabad in appeal No.10016/2019-20/A3/CIT(A)-6, Hyderabad dated 30/08/2019. The other appeal is filed against the order of the Ld. CIT(A)-6, Hyderabad in appeal No.10022/2019-20/A3/CIT(A)-6, dated 25/09/2019. Both these appeals are passed U/s. 271(1)(c) r.w.s. 250(6) of the Act for the A.Y. 2008-09.
At the outset, Ld.AR submitted before us that both the assessees desire to withdraw their respective appeals as the assessees have opted to avail ‘Vivad Se Viswas’ scheme. He further submitted that the assessees had filed Form No.1 & 2 and also received Form-3 from the Revenue. It was therefore pleaded, that the instant appeals of the assessees may be allowed to be withdrawn.
The Ld. DR conceded to the request of the Ld.AR.
Having heard both the parties through video conference, We are inclined to allow the appeals of the assessees to be withdrawn yielding to the prayer of the Ld. AR as the assessees in the present appeals have preferred to avail the Vivad-se-Vishwas Scheme by filing Forms No.1, 2 and also received Form No.3 from the Revenue. The Ld. DR has also conceded to the request of the Ld. AR. Accordingly, We hereby dismiss both the appeals of the assessees as withdrawn. However, we also make it clear that, if the assessee/s case/s are not accepted in the Vivad-Se- Viswas scheme by the Revenue for whatsoever may be the reason, then the assessee/s shall be at liberty to file a Miscellaneous Petition/s before the Tribunal within the time limit prescribed under the Act to reinstate their respective appeal/s. It is ordered accordingly.
In the result, two appeals of the assessees are dismissed as withdrawn.
Pronounced in the open Court on 12th May, 2021.
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