SHAILESH TAPADIA ,HYDERABAD vs. INCOME TAX OFFICER, WARD-12(4), HYDERABAD

At the outset, Ld.AR submitted before me that the assessee desires to withdraw his appeal as the assessee opted to avail ‘Vivad Se Viswas’ scheme. He further submitted that the assessee has filed Form No.1 & 2 and has received the Form-3 from the Revenue. It was further submitted that the pending tax shall be adjusted by the Revenue from the refund due and hence there is no outstanding amount that is to be paid by the assessee. It was therefore pleaded, that the appeal of the assessee may be allowed to be withdrawn.

The Ld.DR conceded to the request of the Ld.AR.

Having heard both the parties through video conference, I am inclined to allow the appeal of the assessee to be withdrawn yielding to the prayer of the Ld.AR and accordingly, hereby dismiss the appeal as withdrawn. However, I also make it clear that, if the assessee’s case is not accepted in the Vivad Se Viswas scheme by the Revenue for whatsoever may be the reason, then the assessee shall be at liberty to file a Miscellaneous Petition before the Tribunal within the time limit prescribed under the Act to reinstate the appeal. It is ordered accordingly.

In the result, the appeal of assessee is dismissed as withdrawn.