THOTA VIJAYA LAKSHMI,VISAKHAPATNAM vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX-1, VISAKHAPATNAM

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ITA 144/VIZ/2019Status: DisposedITAT Visakhapatnam23 December 2020AY 2011-123 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the appeals to be dismissed as withdrawn, as the assessee had availed the Vivad Se Vishwas scheme and the Department had issued the relevant form. Liberty was granted to seek recall of the order if unforeseen circumstances arose.

What were the facts?

The assessee filed appeals against orders passed under Section 263 and 271(1)(c) of the Income Tax Act. During the hearing, the assessee sought to withdraw the appeals.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 263,Section 271(1)(c)

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

For Appellant: Shri C.Kameswara Rao, CA
For Respondent: Shri K.S. Rajendra Kumar, CIT DR
Hearing: 29/04/2021

Assessee by : Shri C.Kameswara Rao, CA. Department by : Shri K.S. Rajendra Kumar, CIT DR Date of hearing : 29/04/2021. Date of pronouncement : 05/05/2021. O R D E R Per N.K. Choudhry, Judicial Member:

These appeals have been preferred by the same assessee against the separate orders dated 23/03/2016 & 30/09/2016 impugned herein passed by the ld. Principal Commissioner of Income Tax-1 [for short, “ld.Commissioner”], Visakhapatnam u/sec. 263 and 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as the "Act") for the A.Y. 2011-12.

2.

The assessee has preferred a common application under consideration dated 20/04/2021 for withdrawal of the appeals.

3.

During the course of hearing, ld.AR has submitted that since assessee has availed the immunity scheme i.e. Vivad Se Vishwas

2 & 144/VIZ/2019 (Smt. Thota vijaya Lakshmi) under the Direct Tax Vivad se Vishwas Act, 2020 and the Income Tax Department has issued Form Nos.3, dated 12/04/2021 in response to the applications filed by the assessee under the scheme, therefore appeals of the assessee may be allowed to be dismissed as withdrawn with liberty to seek recall of the orders in case any unforeseen circumstances would arise in future.

4.

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 DR raised no objection, if the appeals of the assessee are allowed to be dismissed as withdrawn.

5.

Having heard both the parties and perused the applications for withdrawal of the appeals and Form Nos.3 (Copy already on record) issued by the Department. Considering the facts and circumstances, the appeals of the assessee 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.

6.

In the result, both the appeals of the assessee are dismissed as withdrawn. Order Pronounced in open Court on this 05th day of May, 2021.

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