MUKKA GANGADHAR,KARIMNAGAR vs. INCOME TAX OFFICER, WARD-3, KARIMNAGAR

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ITA 2200/HYD/2017Status: DisposedITAT Hyderabad06 January 2021AY 2013-143 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw their appeal as per their request, acknowledging the assessee's participation in the Vivad se Vishwas scheme. The Revenue's representative also conceded to this request.

What were the facts?

The assessee wished to withdraw their appeal before the ITAT because they had opted for the 'Vivad se Vishwas' scheme. The assessee had filed the initial forms and was awaiting further confirmation from the Revenue.

What were the issues?

Whether the assessee's appeal can be withdrawn due to opting for the Vivad se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCH “B”, HYDERABAD

Before: SMT. P. MADHAVI DEVI & SHRI A. MOHAN ALANKAMONY

For Appellant: Smt. S. Sandhya
For Respondent: Shri Rohit Mujumdar, DR
Hearing: 17/12/2020Pronounced: 06/01/2021

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH “B”, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER Assessment Year:2013-14 Sri Mukka Gangadhar, Vs. Income Tax Officer, District-Karimnagar. Ward-3, PAN: ABLPM 9245 R Karimnagar. (Appellant) (Respondent) Assessee by: Smt. S. Sandhya Revenue by: Shri Rohit Mujumdar, DR Date of hearing: 17/12/2020 Date of pronouncement: 06/01/2021 ORDER PER A. MOHAN ALANKAMONY, AM.:

This appeal is filed by the assessee against the order of the Ld. CIT (A)-2, Hyderabad in appeal No.0167/CIT(A)-2/Hyd/2016-17, Dated 19/09/2017 passed U/s. 143(3) r.w.s 250(6) of the Act for the AY: 2013- 14.

2.

At the outset, Ld.AR submitted before us that the assessee desires to withdraw his appeal as the assessee has opted to avail ‘Vivad Se Viswas’ scheme. He further submitted that the assessee had filed Form No.1 & 2 and is awaiting to receive Form-3 from the Revenue. It was therefore pleaded, that the appeal of the assessee may be allowed to be withdrawn.

3.

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

4.

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

Pronounced in the open Court on 06th January, 2021.

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