PREETI SUGANDHI,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX(OSD). WARD-9(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 approach the tribunal for reinstatement if the 'Vivad se Vishwas' application was rejected.
What were the facts?
The assessee filed an appeal for AY 2015-16. The assessee informed the tribunal that they had availed the benefit of the 'Vivad se Vishwas' scheme and wished to withdraw the appeal.
What were the issues?
The primary issue was the assessee's request to withdraw the appeal due to availing the 'Vivad se Vishwas' scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Hyderabad SMC Bench, Hyderabad
Before: Smt. P. Madhavi Devi
This is assessee’s appeal for the A.Y 2015-16 against the order of the CIT (A)-7, Hyderabad, dated 4.10.2019.
At the outset, the Ld. AR submitted before us that the assessee does not want to pursue the appeal as it has already availed the benefit of “vivad se vishwas” scheme wherein its application was accepted. 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 Hence it was pleaded, that the appeal of the assessee may be treated as withdrawn.
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 AR, I hereby allow the appeal of the assessee to be withdrawn. I 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In the result, appeal of assessee is dismissed as withdrawn.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 6th January, 2021.
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