SRI K. RAVI KIRAN VARMA,KAKINADA vs. THE ITO, KAKINADA
What did the Tribunal hold?
The Tribunal allowed the assessees' request to withdraw their appeals. The appeals were dismissed as withdrawn with liberty to seek recall of the order if unforeseen circumstances arise.
What were the facts?
The assessees filed appeals before the ITAT for AY 2011-12. During the hearing, the assessees sought to withdraw their appeals as they had availed the Vivad se Vishwas scheme.
What were the issues?
Whether the appeals can be dismissed as withdrawn due to availing the Vivad se Vishwas scheme.
Which sections of the Income-tax Act were involved?
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
Per N.K. Choudhry, Judicial Member:
These appeals have been preferred by the different assessees against the separate orders both dated 19/09/2016 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.Y. 2011-12.
2 & 437/VIZ/2016 (K. Sasi Kiran Varma & Another) 2. The assessees have preferred applications under consideration dated 08/03/2021 for withdrawal of the appeals.
During the course of hearing, ld.AR has submitted that since the assessees have 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 Forms No.3, both dated 08/02/2021 in response to the applications filed by the assessees under the scheme, therefore appeals of the assessees may be allowed to be dismissed as withdrawn with liberty to seek recall of the orders in case any unforeseen circumstances would arise in future.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 DR raised no objection, if the appeals of the assessees are allowed to be dismissed as withdrawn.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 (Copies already on record) issued by the Department. Considering the facts and circumstances of the cases, the appeals of assessees are liable to be dismissed as withdrawn with liberty to seek recall of the order as prayed for in accordance with law, hence ordered accordingly.
In the result, appeals of the assessees are dismissed as withdrawn.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 11th day of March, 2021.
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