What did the Tribunal hold?

The Tribunal allowed the assessee's application to withdraw the appeal. The appeal was dismissed as withdrawn with liberty to seek recall of the order if unforeseen circumstances arise.

The assessee filed an appeal against an order of the CIT(A). During the pendency of the appeal, the assessee availed the Vivad se Vishwas scheme. The Income Tax Department issued Form No. 3 in response to the assessee's application under the scheme.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas scheme.

Mohan Krishna Myneni vs ITO | 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 Susheel Kr.Agarwal, CA

For Respondent: Shri B.Rama Krishna, Sr.DR

Hearing: 13/01/2021

O R D E R Per N.K. Choudhry, Judicial Member:

This appeal has been preferred by the assessee against the order dated 23/09/2019 impugned herein passed by the ld.CIT(A)-1, Visakhapatnam u/sec. 250(6) of the Income Tax Act, 1961 (hereinafter referred to as the "Act") for the A.Y. 2011-12.

The assessee has preferred an application under consideration dated 11/01/2021 for withdrawal of the appeal.

During the course of hearing, ld.AR has submitted that since assessee has availed the immunity scheme i.e. Vivad Se Vishwas under the Direct Tax Vivad se Vishwas Act, 2020 and the Income 2 (Mohan Krishna Myneni) Tax Department has issued Form No.3, dated 11/12/2020 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application filed by the assessee under the scheme, therefore appeal of the assessee may be allowed to be dismissed as withdrawn with liberty to seek recall of the order in case any unforeseen circumstances would arise in future.

The Ld. DR raised no objection, if the appeal of the assessee is allowed to be dismissed as withdrawn.

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 Considering the facts and circumstances of the case, the appeal of assessee is liable to be dismissed as withdrawn with liberty to seek recall of the order as prayed for in accordance with law, hence ordered accordingly.

In the result, appeal of the assessee stands dismissed as withdrawn. Order Pronounced in open Court on this 13th day of Jan., 2021. sd/- Sd/- (D.S.SUNDER SINGH) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 13th January, 2021. vr/- Copy to: The Assessee – Mohan Krishna Myneni, D.No. 7-1-45/1, 2nd Floor, 1. Kirlampudi Layout, Visakhapatnam. 2. The Revenue – ITO, Ward-1(1), Visakhapatnam. 3. The Pr.CIT-1, Visakhapatnam. 4. The CIT(A)-1, Visakhapatnam. 5. The D.R., Visakhapatnam. 6. Guard file. By order

(VUKKEM RAMBABU) Sr. Private Secretary, ITAT, Visakhapatnam.

MOHAN KRISHNA MYNENI,VISAKHAPATNAM vs. THE INCOME TAX OFFICER, WARD-1(1), VISAKHAPATNAM

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