THIRUMALA CONSTRUCTIONS,WARANGAL vs. INCOME TAX OFFICER, WARD-5(1), WARANGAL

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-Vishwas’ Scheme. He further submitted that the assessee had filed Form No.1 & 2 and has receive Form-3 from the Revenue. It was therefore pleaded, that the appeal of the assessee may be allowed to be withdrawn as per the scheme.

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

Having heard both the parties through video conference, We are inclined to allow the appeal of the assessee to be withdrawn yielding to the prayer of the Ld.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 and the Revenue has issued form 3 to the assessee as per the scheme. 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 Accordingly, We hereby dismiss the appeal of the assessee as withdrawn.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-Vishwas 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.