KALLAM SURYANARAYANA REDDY,GUNTUR vs. THE INCOME TAX OFFICER, WARD-1(1), GUNTUR

When this appeal is taken up for hearing, the Ld.AR submitted that subsequent to passing the order u/s 263, the Assessing Officer (AO) passed consequential order u/s 143(3) r.w.s. 263 of the Act giving effect to the said order u/s 263. The assessee preferred to settle the dispute under Vivad Se Vishwas Act, 2020 and the Ld.Pr.CIT, Vijayawada was pleased to issue the Certificate in Form No.3 on 02.02.2021 for pending tax dispute in respect of consequential order passed u/s 143(3) r.w.s. 263 of the Act. Form No.3 is a certificate issued under sub-section (1) of section 5 of the Direct Tax Vivad Se Vishwas Act, 2020, by the Pr.CIT, determining the total tax payable by the assessee in response to the application made by the assessee under the scheme. Therefore, submitted that, as the appeal against the consequential order is being settled under Vivad Se Vishwas Scheme, the assessee’s appeal against the order u/s 263 of the Act becomes infructuous, hence, requested to allow the assessee to withdraw the appeal, subject to recalling the order in case the certificate issued by the Pr.CIT is withdrawn at a future date. Thus, on issue of the certificate in Form No.3, the tax dispute stands settled unless the certificate is withdrawn or cancelled by the Pr.CIT.

During the appeal hearing, the Ld.DR did not object for dismissal of appeal as withdrawn.

We have heard both the sides and gone through the Form No.3 and also the withdrawal petition filed by the assessee under Vivad se Vishwas Scheme. During the appeal hearing, the Ld.DR did not object for disposal of the appeal as requested by the assessee, hence, we dismiss the appeal as withdrawn. However, in case the certificate issued by the Pr.Commissioner is withdrawn or cancelled at a future date for any reason, it is open to the assessee to file an appropriate application before the Tribunal. In that event, the order passed by the Tribunal would be recalled in accordance with law.

In the result, assessee’s appeal is dismissed as withdrawn. Order pronounced in the open court on 18th March, 2021. (एन के चौिरी ) (धड.एस .सुन्दर धसंह) (N.K.CHOUDHRY) (D.S.SUNDER SINGH) न्याधयक सदस्य / JUDICIAL MEMBER लेखा सदस्य /ACCOUNTANT MEMBER Dated : 18.03.2021 L.Rama, SPS

The Pr.Commissioner of Income Tax , Guntur 4. तवभधगीय प्रतितितर्, आयकर अिीिीय अतर्करण, तवशधखधिटणम/DR, ITAT, Visakhapatnam 5.गधर्ाफ़धईि / Guard file आदेशधिुसधर / BY ORDER ////