MALASANI MURALI KRISHNA,VISAKHAPATNAM vs. THE INCOME TAX OFFICER, WARD-4(1), VISAKHAPATNAM

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ITA 470/VIZ/2019Status: DisposedITAT Visakhapatnam20 April 2021AY 2014-153 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's appeal to be dismissed as withdrawn. This was permitted because the assessee had availed the Vivad Se Vishwas scheme.

What were the facts?

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

What were the issues?

Whether an appeal can be withdrawn after availing the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad se Vishwas Act, 2020

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 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), Rajamahendravaram, dated 23rd March, 2019 for the Assessment Year 2014-15.

2.

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

3.

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 Vivad se Vishwas Act, 2020 and the Income Tax Department has issued Form No.3 in response to the application filed by the (Malasani Murali Krishna) Assessee under the scheme, therefore the appeal of the Assessee may kindly be allowed to be dismissed as withdrawn with liberty to seek recall of the order in case any unforeseen circumstances would arise in future.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 DR raised no objection, if the appeal of the assessee is allowed to be dismissed as withdrawn.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 both 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 12/04/2021. Considering the facts and circumstances, the appeal of Assessee is liable to be dismissed as withdrawn with liberty as prayed for in accordance with law, hence ordered accordingly.

6.

In the result, instant appeal of the Assessee stands dismissed as withdrawn.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

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