RAVI KUMAR AKULA,MAHABUBNAGAR vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-5(1), HYDERABAD

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ITA 1389/HYD/2019Status: DisposedITAT Hyderabad19 November 2020AY 2016-173 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal accepted the assessee's request for withdrawal of the appeal. The withdrawal is subject to the condition that if the dispute is not resolved under the scheme, the assessee can seek reinstitution of the appeal.

What were the facts?

The assessee requested to withdraw the appeal as they opted to settle tax arrears under the 'Vivad Se Vishwas Scheme, 2020'. An application was filed, and Form-3 was received.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “A” : HYDERABAD

Before: SMT. P. MADHAVI DEVI & SHRI D.S. SUNDERE SINGH

For Assessee : Shri P. Vinod For Revenue : Shri Sunil Kumar Pandey Date of Hearing : 19-11-2020 Date of Pronouncement : 19-11-2020 O R D E R PER Smt. P. MADHAVI DEVI, J.M. :

This is assessee’s appeal filed against the order of CIT(A) – 4, Hyderabad dated 30/07/2019 relating to AY 2016-17.

2.

This appeal filed by the assessee was taken up for hearing through Video Conference on 19/11/2020 and both the parties were heard.

3. The Ld.AR for the assessee has requested for withdrawal of the appeal filed by the assessee stating that the assessee has :- 2 -: Kumar Akula, Mahabub Nagar.

opted to settle the dispute relating to the tax arrears for the A.Y. under consideration under “Vivad Se Vishwas Scheme, 2020”. He further submitted that an application to this effect has been filed by the assessee and that the assessee has also received Form- 3.

3.

The Ld. DR has no objection to the same.

4.

In view of the above, we accept the request of the assessee for withdrawal of the appeal as Pr.CIT-4 has issued Form-3.

5.

However, the aforesaid is subject to a caveat that in case the dispute relating to tax arrears for the captioned A.Y. is not ultimately resolved in terms of the afore-stated Act, the appellant (i.e. the assessee) is at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application appropriate as per law. The Ld. DR for the revenue has no objection with regard to the aforesaid caveat.

6.

In the result, the appeal of the assessee is dismissed as ‘withdrawn’. Order pronounced in the open court on19th November, 2020.

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