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Facts
The assessee, Infor (India) Private Limited, filed appeals against orders passed by the Assistant Commissioner of Income Tax for assessment years 2017-18 and 2020-21. The assessee wished to withdraw the appeals as they had opted to avail the 'Vivad Se Viswas' scheme.
Held
The Tribunal allowed the assessee's appeals to be withdrawn, as conceded by the Revenue's DR. The Tribunal also clarified that if the assessee's case is not accepted under the 'Vivad Se Viswas' scheme, they can file a Miscellaneous Petition to reinstate the appeals.
Key Issues
Whether the assessee's appeals should be dismissed as withdrawn upon opting for the 'Vivad Se Viswas' scheme.
Sections Cited
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Income Tax Appellate Tribunal, HYDERABAD “B” BENCH
Before: SHRI K.NARASIMHA CHARY & SHRI MADHUSUDAN SAWDIA
सुिवधई की तधरीख/Date of hearing: 25/02/2025 घोर्णध की तधरीख/Pronouncement on: 06/03/2025 आदेश / ORDER PER K. NARASIMHA CHARY, J.M: Aggrieved by the orders dated 25/06/2024 and 27/06/2024 passed by the Asst.Commissioner of Income Tax, Circle-2(1), Hyderabad in the case of Infor (India) Private Limited (“the assessee”) for the assessment years 2017-18 and 2020-21, assessee preferred these appeals.
At the outset, Ld.AR submitted before us that the assessee desires to withdraw her appeals as she has opted to avail ‘Vivad Se Viswas’ scheme and accordingly, the assessee has filed Form No.1. It was therefore, pleaded that the appeals of the assessee may be allowed to be withdrawn.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Having heard both the parties, we are inclined to allow the appeals of the assessee to be withdrawn yielding to the prayer of the Ld.AR and accordingly, hereby dismiss the appeals as withdrawn. However, we 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 appeals. It is ordered accordingly.
In the result, the appeals of assessee are dismissed as withdrawn. Order pronounced in the open court on this the 6th day of March, 2025.