What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal as the assessee had availed the Vivad se Vishwas scheme.

The assessee filed an appeal against the CIT(A) order. During the hearing, the assessee sought to withdraw the appeal.

What were the issues?

The primary issue was whether the appeal could be withdrawn by the assessee due to opting for the Vivad se Vishwas scheme.

Yakkala Mohana Rao, Piduguralla vs CIT(A) | ITAT Visakhapatnam 2021

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

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

For Appellant: Shri G.V.N. Hari, Advocate

For Respondent: Shri N.Gopi Krishna, Sr.DR

Hearing: 20/04/2021

Assessee by : Shri G.V.N. Hari, Advocate. Department by : Shri N.Gopi Krishna, Sr.DR Date of hearing : 20/04/2021. Date of pronouncement : 20/04/2021. O R D E R Per D.S. Sunder Singh, Accountant Member:

This appeal by the Assessee is directed against the order of Commissioner of Income Tax (Appeals)-3, Visakhapatnam, dated 26th June, 2018 for the Assessment Year 2002-03.

The Assessee has preferred the instant application under consideration for withdrawal of the appeal.

During the course of hearing, ld. counsel for the Assessee submitted that since 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 issued Form No.3, in response to the application filed by the Assessee under the (Yekkala Mohana Rao) scheme, therefore the appeal of the Assessee may kindly be allowed to be dismissed as withdrawn with liberty to seek recall of the order in case any unforeseen circumstances would arise in future.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 DR raised no objection, if the appeal of the Assessee is allowed to be dismissed as withdrawn.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 No.3 (Copy already on record) issued by the Department on dated 06/04/2021. Considering the facts and circumstances, the appeal of Assessee is liable to be dismissed as withdrawn with liberty as prayed for in accordance with law, hence ordered accordingly.

In the result, instant appeal of the Assessee stands dismissed as withdrawn. Order Pronounced in open Court on this 20th day of April, 2021.

YAKKALA MOHANA RAO,PIDUGURALLA vs. THE CIT(A)-3, VISAKHAPATNAM

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