GOPISETTY SATYANARAYANA ,NELLORE vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-1, NELLORE

On perusal of record, we find that the ld. counsel for the assessee filed a letter dated 16/02/2021 requesting permission for withdrawal of 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Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeals of the assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and is awaiting to receive Form-3 from the Revenue. Accordingly, we hereby dismiss the appeals of the assessee as withdrawn.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.

In the result, assessee’s appeals are dismissed in above terms. Pronounced in the open court on 24th February, 2021.