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Income Tax Appellate Tribunal, HYDERABAD BENCHES “B”: HYDERABAD
Before: SHRI SATBEER SINGH GODARA & SHRI LAXMI PRASAD SAHU
O R D E R PER BENCH: These two assessee’s appeals for AY 2009-10 & 2008- 09 are directed against the CIT(A) - 3, Hyderabad’s separate orders, dated 29/01/2018 & 30/01/2018 involving proceedings u/s 271(1)(c) of the Income Tax Act, 1961 ; in short “the Act”.
:- 2 -: & 703/Hyd/18 Shri Narsing Reddy Toutireddy
At the outset, ld. counsel for the assessee requested the Bench for permission to withdraw assessee’s appeals as the assessee has opted to avail ‘Direct Tax Vivad Se Viswas Scheme-2020’ and had filed Form No. 1 & 2 and is awaiting to receive Form 3 from the revenue.
Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeals of the assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and is awaiting to receive Form-3 from the Revenue. Accordingly, we hereby dismiss the appeals of the assessee as withdrawn. However, we also make it clear that, if the assessee's cases are not accepted in the Vivad-Se-Viswas scheme by the Revenue for whatsoever may be the reason, then assessee shall be at liberty to file Miscellaneous Petitions before the Tribunal within the time limit prescribed under the Act to reinstate his appeals.
:- 3 -: & 703/Hyd/18 Shri Narsing Reddy Toutireddy
In the result, assessee’s appeals are dismissed in above terms. Pronounced in the open court on 24th February, 2021.