What did the Tribunal hold?

The Tribunal allowed the assessee's appeal to be dismissed as withdrawn. This was based on the assessee's participation in the Vivad se Vishwas scheme and the issuance of Form No. 3 by the department.

The assessee filed an appeal before the ITAT. During the hearing, the assessee sought to withdraw the appeal. The assessee had availed the Vivad se Vishwas scheme and the Income Tax Department had issued Form No. 3.

What were the issues?

Whether an appeal can be withdrawn by the assessee after availing the Vivad se Vishwas scheme.

Vidya Chintalapati vs JCIT | 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

Assessee by : Sh. C Kameshwar Rao, Ld CA Department by : Ms. Mini Chandran Ld. Sr. DR Date of hearing : 22/04/2021. Date of pronouncement : 22/04/2021. O R D E R

Per Shri N.K.Choudhry, Judicial Member :

This appeal by the Assessee is directed against the order of Commissioner of Income Tax (Appeals), Hyderabad-10, dated 06-07-2020 for the Assessment Year 2016-17.

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 (Smt. Vidya Chintalapati) immunity scheme i.e; Vivad Se Vishwas under The Direct Tax 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filed by the Assessee under the scheme, therefore the appeal of the Assessee may kindly be allowed to be dismissed as withdrawn with liberty to seek recall of the order in case unforeseen circumstances would arise in future.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 DR raised no objection, if the appeal of the Assessee is allowed to be dismissed as withdrawn.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 01-04-2021. Considering the facts and circumstances, the appeal of Assessee is liable to be dismissed as withdrawn with liberty as prayed for in accordance of law, hence ordered accordingly.

In the result, instant appeal of the Assessee stands dismissed as withdrawn.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

VIDYA CHINTALAPATI,VISAKHAPATNAM vs. THE JOINT COMMISSIONER OF INCOME TAX(INTERNATIONAL TAXATION, VIJAYAWADA

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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