RAMESH KUMAR AGARWAL,SECUNDERABAD vs. ASST.COMMISSIONER OF INCOME TAX, CIRLE -10(1), HYDERABAD

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ITA 2338/HYD/2018Status: DisposedITAT Hyderabad12 January 2021AY 2015-162 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's appeal to be withdrawn. The assessee was granted liberty to approach the Tribunal to reinstate the appeal if the "Vivad se Vishwas" application is rejected.

What were the facts?

The assessee filed an appeal before the ITAT for AY 2015-16. The assessee subsequently filed forms under the "Vivad se Vishwas" scheme and requested to withdraw the appeal pending acceptance.

What were the issues?

Whether the assessee can withdraw their appeal before the Tribunal due to opting for the "Vivad se Vishwas" scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad ‘ A ‘ Bench, Hyderabad

Before: Smt. P. Madhavi Devi & Shri Laxmi Prasad Sahu

Hearing: 11/01/2021Pronounced: 12/01/2021

This is assessee’s appeal for the A.Y 2016-16 against the order of the CIT (A)-6, Hyderabad, dated 25.10.2018.

2.

At the outset, the Ld. AR submitted before us that the assessee does not want to pursue the appeal as it has already filed forms I & II under the “vivad se vishwas” 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 Hence it was pleaded, that the appeal of the assessee may be treated as withdrawn.

3.

The Ld. DR conceded to the request of the Ld. AR.

4.

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 AR, we hereby allow the appeal of the assessee to be withdrawn.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.

5.

In the result, appeal of assessee is dismissed as withdrawn. Order pronounced in the Open Court on 12th January, 2021.

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