VENKATESWAR RAJU PENUMASTA,HYDERABAD vs. INCOME TAX OFFICER, WARD-6(1), HYDERABAD

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ITA 1604/HYD/2019Status: DisposedITAT Hyderabad07 April 2021AY 2012-133 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

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 and the Revenue had no objection. The assessee was granted liberty to seek reinstatement if the scheme was not accepted.

What were the facts?

The assessee filed an appeal against the CIT(A) order. The assessee subsequently filed a letter requesting to withdraw the appeal as they had opted for the 'Vivad Se Viswas' scheme.

What were the issues?

Whether the assessee can withdraw their appeal to avail the Vivad Se Viswas scheme.

Which sections of the Income-tax Act were involved?

None

AI-generated summary — verify with the full judgment below

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

For Respondent: Shri Rohit Mujumdar, DR
Hearing: 22/03/2021Pronounced: 07/04/2021

This appeal is filed by the assessee against the order of the Ld. CIT(A)-6, Hyderabad in appeal No. 0152/2015-16/A3/CIT(A)-6, dated 5/7/2019 passed U/s. 143(3) r.w.s 250(6) of the Act for the A.Y. 2012- 13.

2.

At the outset, None appeared before us to represent the assessee’s case. From the record, we find that the assessee has filed a letter dated 4/3/2021 wherein it was stated that the assessee desires to withdraw his appeal as the assessee has opted to avail ‘Vivad Se Viswas’ scheme. It was further submitted that the assessee had filed Form No.1 & 2 and Form-3 was also issued by the Revenue. It was therefore pleaded, that the appeal of the assessee may be allowed to be withdrawn.

3.

The Ld. DR stated that if the assessee desires to opt Vivad-se- Vishwas Scheme, the Department has no objection.

4.

Having regard to the facts and circumstances of the case, We are inclined to allow the appeal of the assessee to be withdrawn yielding to the prayer of the assessee that he has preferred to avail the Vivad-se- Vishwas Scheme by filing Forms No.1, 2 and Form-3 was also issued by the Revenue. The Ld. DR has also conceded to the request of the assessee. Accordingly, We hereby dismiss the appeal of the assessee as withdrawn. However, we 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 07th April, 2021.

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