K.VENKATA RATNA PRASAD,VISAKHAPATNAM vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), VISAKHAPATNAM

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ITA 242/VIZ/2019Status: DisposedITAT Visakhapatnam18 March 2021AY 2012-133 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's request to dismiss the appeal as withdrawn. The assessee was granted liberty to seek recall of the order if unforeseen circumstances arose.

What were the facts?

The assessee filed an appeal before the ITAT. During the hearing, the assessee requested to withdraw the appeal. This withdrawal was sought because 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Whether an appeal can be dismissed as withdrawn when the assessee has opted for the Vivad se Vishwas scheme.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 Appellant: Shri G.V.N. Hari, Advocate
For Respondent: Smt. Suman Malik, Sr.DR
Hearing: 18/03/2021

Per N.K. Choudhry, Judicial Member:

1.

This appeal has been preferred by the assessee against the order dated 18/03/2019 impugned herein passed by the ld.CIT(A), Vijayawada u/sec. 250(6) of the Income Tax Act, 1961 (hereinafter referred to as the "Act") for the A.Y. 2012-13.

2.

The assessee has preferred an application under consideration dated 26/02/2021 for withdrawal of the appeal.

3.

During the course of hearing, ld. counsel for the assessee has submitted that since assessee has availed the immunity

(K. Venkata Ratna Prasad) 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, dated 15/02/2021 in response to the application filed by the assessee under the scheme, therefore appeal of the assessee may be allowed to be dismissed as withdrawn with liberty to seek recall of the order in case any unforeseen circumstances would arise in future.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 DR raised no objection, if the appeal of the assessee is allowed to be dismissed as withdrawn.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. 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 18th day of March, 2021.

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