A.V. MALA KONDESWARA RAO ,HYDERABAD vs INCOME TAX OFFICER, WARD-4(5), HYDERABAD

Income Tax Appellate Tribunal, HYDERABAD BENCHES “A”: HYDERABAD

Before: SHRI SATBEER SINGH GODARA & LAXMI PRASAD SAHU

For Appellant: Smt. S. Sandhya

For Respondent: Shri Sunil Kumar Pandey

Hearing: 26/03/2021Pronounced: 05/04/2021

O R D E R PER BENCH: This appeal filed by the assessee for AY 2015-16 is directed against CIT(A) - 1, Hyderabad’s order dated 24/04/2019 involving proceedings u/s 143(3) of the Income Tax Act, 1961 ; in short “the Act”.

At the outset, the ld. counsel for the assessee submitted that the assessee has opted to avail the benefit under the ‘Direct Tax Vivad Se Viswas Scheme-2020’ in prescribed Form No.1 & 2 and received Form(s)-3 in tune

:- 2 -: A.V. Mala Kondeswara Rao, Hyderabad. thereto, which is placed on record and therefore, requested the Bench to permit to withdraw this appeal of the assessee.

Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeal of the assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and received Form(s)-3 in tune thereto, with a rider that it shall be very much open for the assessee to file for revival of this case, if the settlement benefit under the scheme is denied to him for technical reasons.

In the result, assessee’s appeal is dismissed in above terms. Pronounced in the open court on 5th April, 2021.

A.V. MALA KONDESWARA RAO ,HYDERABAD vs. INCOME TAX OFFICER, WARD-4(5), HYDERABAD