M K RAJESHWARI,RAICHUR vs. THE INCOME TAX OFFICER WARD-3, RAICHUR
What did the Tribunal hold?
The tribunal permitted the assessee to withdraw the appeal. The appeal was subsequently dismissed as withdrawn.
What were the facts?
The assessee's appeal was against the CIT(A)'s order for AY 2015-16, primarily concerning the classification of LTCG as business income. During the hearing, the assessee informed the tribunal about opting for the Vivad Se Vishwas Act.
What were the issues?
The main issue was the classification of income as LTCG or business income. However, the appeal was withdrawn by the assessee under the Vivad Se Vishwas Act.
Which sections of the Income-tax Act were involved?
Vivad Se Vishwas Act, 2020
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH : BANGALORE
Before: SHRI N. V. VASUDEVAN & SHRI A. K. GARODIA
O R D E R
Per A. K. Garodia, Accountant Member:
This appeal is filed by the assessee and the same is directed against the order of learned CIT(A), Gulbarga, dated 20.03.2018, for Assessment Year 2015-16.
In this appeal, the assessee has raised various grounds but the only issue on merit raised by the assessee is regarding the action of the AO in assessing income of Rs. 42.35 Lacs declared by the assessee under the head LTCG as business income
In the course of hearing, it is seen that on 24.08.2020, the assessee has filed a letter in which it is stated that the assessee has opted to file an application under Vivad Se Vishwas Act, 2020 and the necessary Form Nos. 1 and 2 under the said Act were filed on 07.05.2020. It is also stated in the Page 2 of 2 said application that under section 5(1) of the said Act, the pending appeal is deemed to have been withdrawn on the issue of Form 3 by the designated authority and the assessee has received form 3 dated 06.08.2020 and after receipt of form 3, the assessee has filed a letter before the Tribunal on 13.08.2020 in which it is stated by the assessee that the assessee intends to withdraw the application filed by the assessee. It is stated by the assessee in the present application that the present appeal may be dismissed as withdrawn. Learned DR of the Revenue had no objection for withdrawal of the appeal.
3. The assessee is permitted to withdraw the appeal and the same is dismissed as withdrawn.
In the result, assessee’s appeal is dismissed as withdrawn. Pronounced in the open court on the date mentioned on the caption page.
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