What did the Tribunal hold?

The Tribunal allowed the assessee's appeal to be dismissed as withdrawn, granting liberty to seek recall if unforeseen circumstances arise. This was based on the assessee availing the Vivad Se Vishwas scheme.

The assessee filed an appeal against an order for Assessment Year 2011-12. The assessee subsequently applied for withdrawal of the appeal.

What were the issues?

The primary issue was whether the assessee's appeal could be withdrawn due to availing the Vivad Se Vishwas scheme.

Ratnala Bhaskara Rao Alias… vs ITO | ITAT Visakhapatnam 2021

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

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

For Respondent: Ms. Mini Chandran Ld. Sr. DR

Hearing: 22/04/2021

Per Shri N.K.Choudhry, Judicial Member :

This appeal by the Assessee is directed against the order of Commissioner of Income Tax (Appeals-2), Visakhapatnam , dated 30-08-2019 for the Assessment Year 2011-12. 2. The Assessee has preferred the instant application under consideration for withdrawal of the appeal.

During the course of hearing, the Ld. Counsel for the Assessee submitted that since the Assessee has availed the immunity scheme i.e; Vivad Se Vishwas under The Direct Tax

2 Vivad se Vishwas Act, 2020 and the Income Tax Department has issued Form No. 3 in response to the application filed by the Assessee under the scheme, therefore the appeal of the Assessee may kindly be allowed to be dismissed as withdrawn with liberty to seek recall of the order in case unforeseen circumstances would arise in future.

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 DR raised no objection, if the appeal of the Assessee is allowed to be dismissed as withdrawn.

Having heard the parties and perused the application for withdrawal of the appeal and Form-3 (Copy already on record) issued by the Department on dated 19-04-2021 . Considering the facts and circumstances, the appeal of Assessee is liable to be dismissed as withdrawn with liberty as prayed for in accordance of law, hence ordered accordingly.

In the result, instant appeal of the Assessee stands dismissed as withdrawn.

Order Pronounced in open Court on this 22nd day of April, 2021. (D.S.SUNDER SINGH) JUDICIAL MEMBER Dated: 22nd April, 2021. vr/-

3 Copy to:

The Appellant - Ratnala Bhaskara Rao @ Lokhanadha Rao, Prop. Seshadri Wines, S.R.C. Puram, Main Road, Kanchili, Srikakulam.

The Respondent – ITO, Ward-2, Srikakulam.

The Pr.CIT-2, Visakhapatnam.

The CIT(A)-2, Visakhapatnam.

The Sr. D.R., Visakhapatnam.

Guard file. By order

(VUKKEM RAMBABU) Sr. Private Secretary, ITAT, Visakhapatnam.

RATNALA BHASKARA RAO ALIAS LOKHANADHA RAO,SRIKAKULAM vs. THE INCOME TAX OFFICER, WARD-2, SRIKAKULAM

What did the Tribunal hold?

What were the facts?

What were the issues?

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