AJAY KUMAR AGARWAL (HUF),HYDERABAD vs. INCOME TAX OFFICER, WARD-5(2), HYDERABAD
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal allowed the assessee's request to withdraw the appeal. The assessee was granted liberty to seek reinstatement if their Vivad se Vishwas application was rejected.
What were the facts?
The assessee wished to withdraw their appeal before the ITAT as they had filed for the "Direct Tax Vivad se Vishwas Act, 2020" scheme. The Revenue conceded to this request.
What were the issues?
The primary issue was the assessee's request to withdraw their appeal due to opting for the Vivad se Vishwas scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Hyderabad ‘B’ Bench, Hyderabad
Before: Smt. P. Madhavi Devi & Shri A. Mohan Alankamony
ORDER Per Smt. P. Madhavi Devi, J.M This is assessee’s appeal for the A.Y 2015-16 against the order of the CIT (A)-4, Hyderabad, dated 06.08.2019.
At the outset, the Ld. AR submitted before us that the assessee does not want to pursue the appeal as he has already filed forms I & II under the “Direct Tax Vivad Se Vishwas Act, 2020” scheme and its acceptance is awaited. Therefore, consequent to the same, the assessee desires to withdraw the appeal before the Tribunal. Hence it was pleaded, that the appeal of the assessee may be treated as withdrawn. AY 2015-16 Ajay Kumar Agarwal (HUF)
The Ld. DR conceded to the request of the Ld. AR.
After hearing both the parties, according to the request of the assessee and its Ld. AR, we hereby allow the appeal of the assessee to be withdrawn. We also make it clear that the assessee shall be at liberty to approach the Tribunal within the stipulated time as provided under the Act, in order to reinstate the appeal, if the application with respect to Vivad se Vishwas scheme is rejected.
In the result, appeal of assessee is dismissed as withdrawn. Order pronounced in the Open Court on 03rd February, 2021.
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