What did the Tribunal hold?

The Tribunal noted that upon issuance of Form No. 3, the appeal is deemed withdrawn. Therefore, the appeal was dismissed as withdrawn, with a provision to recall the order if the certificate is later withdrawn.

The assessee filed an appeal before the ITAT. Subsequently, the assessee applied under the Vivad Se Vishwas Act, 2020, and received a certificate in Form No. 3. The assessee then sought to withdraw the appeal.

What were the issues?

The primary issue was the withdrawal of the appeal due to the assessee opting for the Vivad Se Vishwas scheme.

M/S. V.K.D.V. Satyanarayana Raju… vs ITO | ITAT Visakhapatnam 2020

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI V. DURGA RAO, HON’BLE & SHRI D.S. SUNDER SINGH, HON’BLE

For Appellant: Shri P. Vinod, Advocate

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

Hearing: 23/11/2020

Assessee by : Shri P. Vinod, Advocate. Department By : Shri B.Rama Krishna, Sr.DR Date of hearing : 23/11/2020. Date of pronouncement : 23/11/2020. O R D E R

PER V. DURGA RAO, JUDICIAL MEMBER

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals), Vijayawada, dated 24/08/2016 for the Assessment Year 2013-14.

When this appeal is taken up for hearing, ld. counsel for the assessee has filed a letter stating that the assessee preferred an application u/sec. 4(2) of Vivad Se Vishwas Act, 2020 and the Principal Commissioner (Central), Visakhapatnam was pleased to issue a certificate in Form No.3 on 15/10/2020. Once Form No.3 is issued by the Pr. Commissioner, the appeal shall be deemed to 2 (M/s. V.K.D.V. Satyanarayana Raju) be withdrawn from the date on which Form No.3 is filed, however, he submitted that appeal may be recalled in case the certificate issued by the Pr. Commissioner is withdrawn at a future date due to any unforeseen contingencies.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No.3 is issued by the Pr.Commissioner and the ld.counsel for the assessee has submitted that he may be permitted to be withdrawn the appeal. We, therefore, dismiss the appeal as withdrawn, however, with a rider that in any case the certificate issued by the Pr.Commissioner is withdrawn at a future date for any reason, it is open to the assessee to file an appropriate application before the Tribunal.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.

In the result, appeal filed by the assessee is dismissed as withdrawn. Order Pronounced in open Court on this 23rd day of Nov., 2020. sd/- Sd/- (D.S. SUNDER SINGH) (V. DURGA RAO) Accountant Member Judicial Member Dated: 23rd November, 2020.

3 (M/s. V.K.D.V. Satyanarayana Raju) vr/- Copy to:

1. 1. The Assessee – M/s. V.K.D.V.Satyanarayana Raju Educational Society, D.No. 40-15-14, Brindavan Colony, Labbipet, Vijayawada.

M/S. V.K.D.V. SATYANARAYANA RAJU EDUCATIONAL SOCIETY,HYDERABAD vs. THE ITO, RAJAHMUNDRY

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