What did the Tribunal hold?

The Tribunal noted that the assessee had obtained a certificate under the Vivad Se Vishwas Act and had submitted a request to withdraw the appeal. The Tribunal dismissed the appeal as withdrawn.

The assessee filed an appeal against the CIT(A) order. Subsequently, the assessee applied for withdrawal of the appeal under the Vivad Se Vishwas Act, 2020, and received a certificate from the Principal Commissioner.

What were the issues?

Whether the appeal should be dismissed as withdrawn based on the assessee's application under the Vivad Se Vishwas Act.

Devarasetty Subba Rao, Dachepalli vs ITO | ITAT Visakhapatnam 2021

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI N.K.CHOUDHRY, HON’BLE & SHRI D.S. SUNDER SINGH, HON’BLE

For Appellant: Shri G.V.N.Hari, AR

Hearing: 15.02.2021Pronounced: 15.02.2021

O R D E R

Per D.S.Sunder Singh, Accountant Member :

This appeal is filed by the assessee against the order of the Commissioner of Income Tax (Appeals) [CIT(A)]-1, Guntur in Appeal No.10197/2018-19 dated 25.11.2029 for the Assessment Year (A.Y.) 2011-12.

When this appeal is taken up for hearing, the assessee has filed a letter stating that the assessee preferred an application u/sec. 4(2) of Vivad

Devarasetty Subba Rao, Dachepalli Se Vishwas Act, 2020 and the Principal Commissioner (Central), Visakhapatnam was pleased to issue a Certificate in Form No.3 on 05.02.2021. The assessee further stated that once Form No.3 is issued by the Pr. Commissioner, the appeal shall be deemed to have been withdrawn from the date on which Form No.3 is filed, however, he submitted that appeal may be recalled in case the certificate issued by the Pr. Commissioner is withdrawn at a future date due to any unforeseen contingencies.

Ld.DR has not raised any objection.

We have heard both the sides and gone through the Form No.3 and also gone through the withdrawal petition filed by the assessee. We find that in this case Form No.3 is issued by the Pr.Commissioner and the assessee has submitted that he may be permitted to withdraw the appeal. We, therefore, dismiss the appeal as withdrawn, however, with a rider that in any case the certificate issued by the Pr.Commissioner is withdrawn at a future date for any reason, it is open to the assessee to file an appropriate application before the Tribunal.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.

Devarasetty Subba Rao, Dachepalli

In the result, appeal filed by the assessee is dismissed as withdrawn.

Order pronounced in the open court on 15th February, 2021.

Sd/- Sd/- (एन के चौिरी ) (धड.एस .सुन्दर धसंह) (N.K.CHOUDHRY) (D.S.SUNDER SINGH) न्याधयक सदस्य / JUDICIAL MEMBER लेखा सदस्य /ACCOUNTANT MEMBER Dated : 15 .02.2021 L.Rama, SPS आदेश की प्रतितिति अग्रेतषि/Copy of the order forwarded to:- 1. तिर्धाररिी/ The Assessee– Devarasetty Subba Rao, D.No.1-15, Dachepalli Main Road, Guntur 2. रधजस्व/The Revenue – Income Tax Officer, Ward-1(3), Guntur 3. The Pr.Commissioner of Income Tax , Guntur 4. The Commissioner of Income Tax (Appeals)-1, Guntur 5. तवभधगीय प्रतितितर्, आयकर अिीिीय अतर्करण, तवशधखधिटणम/DR, ITAT, Visakhapatnam 6.गधर्ाफ़धईि / Guard file आदेशधिुसधर / BY ORDER // True Copy //

Sr. Private Secretary ITAT, Visakhapatnam

DEVARASETTY SUBBA RAO,DACHEPALLI vs. THE INCOME TAX OFFICER, WARD-1(3), GUNTUR

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