What did the Tribunal hold?

The assessee requested to withdraw the appeal before the Tribunal due to availing the Vivad Se Viswas Scheme. The Revenue conceded to this request.

The assessee filed an appeal before the ITAT for Assessment Year 2008-09. The assessee subsequently filed Forms I & II under the 'Direct Tax Vivad Se Viswas Scheme, 2020' and received Form 3 from the department.

What were the issues?

Whether the appeal filed by the assessee can be withdrawn consequent to opting for the Vivad Se Viswas Scheme.

Sri Balaji Construction Company vs DCIT | ITAT Hyderabad 2021

Income Tax Appellate Tribunal, HYDERABAD ‘ B ‘ BENCH, HYDERABAD.

Before: SMT. P. MADHAVI DEVI & SHRI A. MOHAN ALANKAMONY

For Appellant: Shri K.A. Sai Prasad for Shri Y.Ratnakar

O R D E R Per Smt. P. Madhavi Devi, J.M. : This appeal filed by the assessee is arising out of order of the Commissioner of Income Tax (Appeals)-9, Visakhapatnam Dt.27.01.2016 for the Assessment Year 2008-09.

The ld. Authorized representative of the assessee submitted that the assessee does not want to pursue the appeal as he has already filed Forms I & II under the ‘Direct Tax Vivad Se Viswas Scheme, 2020’ and Form 3 is also received from the department. Therefore, consequent to the same, the assessee desires to withdraw the appeal before the Tribunal. Hence it was pleaded, that the appeal of the assessee may be treated as withdrawn.

The ld. DR conceded to the request of the Ld. AR.

After hearing both the parties, according to the request of the assesseee and Ld. AR, we hereby allow the appeal of the assessee to be withdrawn.

In the result, appeal of assessee is dismissed.

Order pronounced in the open court on 3rd May, 2021.

SRI BALAJI CONSTRUCTION COMPANY,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-6(1), HYDERABAD

What did the Tribunal hold?

What were the facts?

What were the issues?

Recent GST High Court judgments