ESSEMM FINCAP LIMITED ,HYDERABAD vs. INCOME TAX OFFICER, WARD-17(2), HYDERABAD

All these three appeals are filed by the assessees, aggrieved by the orders of the respective Ld. Commissioner of Income Tax (Appeals), Hyderabad.

All the above mentioned assessees have filed written submissions before us seeking withdrawal of their appeals as they have opted to avail ‘Vivad Se Viswas’ scheme. It is further submitted that the assessees have filed Form No.1 & 2 in all these cases and also received Form-3 from the Revenue in certain cases. Hence, it is prayed in the written submissions that the appeals of the respective assessees may be allowed to be withdrawn and dismissed as such.

The Ld. DR conceded to the request of the assessees and their Counsels.

Having heard both the parties through video conference, We are inclined to allow the appeals of the assessees to be withdrawn yielding to the prayer of the Ld. ARs as the assessees have preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1, 2 in all the instant cases and in some cases the assessees have also received Form No-3 from the Revenue. The Ld. DR has also conceded to the request of the Ld. ARs. Accordingly, We hereby dismiss the appeals of the assessees as withdrawn. However, we also make it clear that, if any of the assessee’s cases are not accepted in the Vivad-Se-Viswas scheme by the Revenue for whatsoever may be the reason, then the respective assessees shall be at liberty to file Miscellaneous Petitions before the Tribunal within the time limit prescribed under the Act to reinstate their appeal. It is ordered accordingly.

In the result, all the above-mentioned appeals of the assessees are dismissed as withdrawn.