VIJAYA LAKSHMI AGENCIES,VIJAYAWADA vs. THE INCOME TAX OFFICER, WARD-3(1), VIJAYAWADA

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ITA 472/VIZ/2019Status: DisposedITAT Visakhapatnam08 September 2021AY 2015-163 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had availed the Vivad se Vishwas scheme and the Income Tax Department accepted the application. Therefore, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order. Subsequently, the assessee applied for withdrawal of the appeal, having opted for the Vivad se Vishwas scheme.

What were the issues?

The primary issue was whether the assessee's appeal should be dismissed as withdrawn due to opting for the Vivad se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI N.K. CHOUDHRY, HON’BLE & SHRI D.S. SUNDER SINGH, HONBLE

For Respondent: Shri V. Srinivasa Rao, Sr.DR
Hearing: 08/09/2021

O R D E R Per Bench

This appeal has been preferred by the Assessee against the order dated 11/03/2019 impugned herein passed by the ld.Commissioner of Income Tax (Appeals) [for short, “ld.Commissioner”], Vijayawada u/sec. 250(6) of the Income Tax Act, 1961 (hereinafter referred to as the "Act") for the A.Y. 2015-16.

2.

The Assessee has preferred an application under consideration dated 27/07/2021 for withdrawal of the appeal.

(M/s. Vijaya Lakshmi Agencies)

3.

During the course of hearing, we have noticed from the withdrawal application of the Assessee that Assessee has availed the immunity scheme i.e. Vivad Se Vishwas under the Direct Tax Vivad se Vishwas Act, 2020 and the Income Tax Department has accepted its application, therefore Assessee has requested to allow him to withdraw its appeal with liberty to seek recall of the order in case any unforeseen circumstances would arise in future.

4.

The Ld. DR raised no objection, if the appeal of the Assessee is allowed to be dismissed as withdrawn.

5.

Having heard the ld.DR and perused the application for withdrawal of the appeal. Considering the facts and circumstances of the case, the appeal of Assessee is liable to be dismissed as withdrawn with liberty to seek recall of the order as prayed for in accordance with law, hence ordered accordingly.

6.

In the result, appeal of the Assessee stands dismissed as withdrawn. Order Pronounced in open Court on this 08th day of Sep., 2021.

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