SWAROOPA GALIPALLI,NIZAMABAD vs. INCOME TAX OFFICER, WARD-2, NIZAMABAD

Both the captioned appeals are filed by the assessees. & 2126/Hyd/2020 are filed against the orders of the Ld. CIT(A)- 5, Hyderabad in appeal No. 0450 & 0451/2017-18/CIT(A)-5, both dated 20/08/2018 passed U/s. 143(3) r.w.s 147 and U/s. 250(6) of the Act for the A.Y. 2011-12 respectively.

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 It was therefore pleaded, that the instant appeals of the assessees may be allowed to be withdrawn.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Having heard both the parties through video conference, We are inclined to allow the appeals of the assessees to be withdrawn yielding to the prayer of the Ld.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 Accordingly, We hereby dismiss both the appeals of the assessees as withdrawn.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In the result, both the appeals of the assessees are dismissed as withdrawn.