What did the Tribunal hold?

The Tribunal allowed the assessee's appeals to be dismissed as withdrawn, granting liberty to seek recall of the order if unforeseen circumstances arise.

The assessee filed appeals for assessment years 2006-07 to 2011-12. The assessee subsequently applied for and availed the Vivad Se Vishwas immunity scheme.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas scheme.

Kovvuri Srinivasa Reddy… vs ACIT | 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: Smt. Suman Malik, Sr.DR

Hearing: 03/03/2021

Assessee by : Shri G.V.N. Hari, Advocate. Department by : Smt. Suman Malik, Sr.DR Date of hearing : 03/03/2021. Date of pronouncement : 03/03/2021. O R D E R Per N.K. Choudhry, Judicial Member:

These appeals have been preferred by the same assessee against the separate orders all dated 14/11/2019 impugned herein passed by the ld.CIT(A)-2, Guntur u/sec. 250(6) of the Income Tax Act, 1961 (hereinafter referred to as the "Act") for the A.Ys. 2006-07 to 2011-12.

The assessee has preferred applications under consideration dated 08/02/2021 for withdrawal of the appeals.

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

2 - 60/VIZ/2020 (Kovvuri Srinivasa Reddy) i.e. Vivad Se Vishwas under the Direct Tax Vivad se Vishwas Act, 2020 and the Income Tax Department has issued Forms No.3, dated 03/12/2020, 03/12/2020, 03/12/2020, 03/12/2020, 21/12/2020 & 21/12/2020 respectively in response to the applications filed by the assessee under the scheme, therefore appeals of the assessee may be allowed to be dismissed as withdrawn with liberty to seek recall of the orders in case any unforeseen circumstances would arise in future.

The Ld. DR has raised no objection, if the appeals of the assessee are allowed to be dismissed as withdrawn.

Having heard both the parties and perused the applications for withdrawal of the appeals and Forms No.3 (Copy already on record) issued by the Department. Considering the facts and circumstances of the cases, the appeals of assessee are liable to be dismissed as withdrawn with liberty to seek recall of the order as prayed for in accordance with law, hence ordered accordingly.

In the result, appeals of the assessees are dismissed as withdrawn.

Order Pronounced in open Court on this 03rd day of March, 2021.

KOVVURI SRINIVASA REDDY,PASARLAPUDI VILLAGE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1, KAKINADA

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments