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Income Tax Appellate Tribunal, HYDERABAD BENCH “SMC”, HYDERABAD
The captioned two appeals are filed by the assessees. is filed against the order of the Ld. CIT(A)-12, Hyderabad in appeal No.10139/2018-19, dated 28/01/2019 passed U/s. 143(3) r.w.s 250(6) of the Act for the A.Y. 2015-16. Ld. CIT(A)-6, Hyderabad in appeal No. 0137/2016-17/A3/CIT(A)-6, dated 22/03/2019 passed U/s. 144 r.w.s 250(6) of the Act fort the A.Y. 2013- 14.
At the outset, Ld. ARs of the respective assessees submitted before me that the both the assessees desire to withdraw their respective appeals as they have opted to avail ‘Vivad Se Viswas’ scheme. They further submitted that both the assessees had filed Form No.1 & 2 and Form-3 was also received 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 It was therefore pleaded, that the instant appeals of the assessees may be allowed to be withdrawn.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. ARs.
Having heard both the parties through video conference, I am inclined to allow the present appeals of both the assessees to be withdrawn yielding to the prayer of the Ld. ARs as the assessees have 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. ARs. Accordingly, I hereby dismiss the appeals of the assessees as withdrawn. However, I 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 respective 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In the result, appeals of both the assessees are dismissed as withdrawn.
Pronounced in the open Court on the 19th April, 2021.