SWARNAPUDI ESWARA RAO,VISAKHAPATNAM vs. THE INCOME TAX OFFICER, WARD-4(2), VISAKHAPATNAM
Facts
The assessee filed an appeal against an order from the CIT(A), which stemmed from an assessment passed under Section 144 of the Income Tax Act for Assessment Year 2010-11. The assessee subsequently sought to withdraw the appeal to participate in the Direct Tax Vivad Se Vishwas Scheme, 2024.
Held
The Tribunal dismissed the appeal as withdrawn, granting the assessee the liberty to file a Miscellaneous Application for reinstatement if their application under the Vivad Se Vishwas Scheme is not accepted by the Revenue.
Key Issues
Whether the assessee should be permitted to withdraw the appeal to opt for the Vivad Se Vishwas Scheme, 2024, and under what conditions.
Sections Cited
144
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM
Before: SHRI K NARASIMHA CHARY, HON’BLE & SHRI S BALAKRISHNAN, HON’BLE
PER S. BALAKRISHNAN, Accountant Member :
This appeal filed by the assessee is against the order of the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (“Ld. CIT(A)-NFAC) vide DIN & Order No. ITBA/NFAC/S/250/2023-24/1059197376(1), dated 29/12/2023 for the AY 2010-11 arising out of the order passed U/s. 144 of the Income Tax Act, 1961 (“the Act”).
2
At the outset, the Learned Counsel for the assessee filed a letter dated 17/02/2025 and submitted that the assessee wishes to avail Direct Tax “Vivad Se Vishwas Scheme, 2024" and hence, the assessee may be considered to withdraw his appeal.
Having heard both the sides, we hereby dismiss the appeal of the assessee as withdrawn with a liberty to approach the Tribunal if the assessee's case is not accepted in Vivad se Vishwas Scheme 2024 by the Revenue for whatsoever may be the reason, then the assessee shall be at liberty to file Misc. Application before the Tribunal within the time limit prescribed under the Act to reinstate the assessee's appeal. Ordered accordingly.
In the result, the appeal of the assessee is dismissed as 'withdrawn'.
Pronounced in the open Court on 20th February, 2025. (श्री के नरधिम्हा चारी) (एि बालाकृष्णन) (K NARASIMHA CHARY) (S.BALAKRISHNAN) न्याधयकिदस्य/JUDICIAL MEMBER लेखा िदस्य/ACCOUNTANT MEMBER Dated :20/02/205 OKK - SPS
3 आदेश की प्रनतनलनप अग्रेनर्त /Copy of the order forwarded to:- निर्धाररती/ The Assessee – Swarnapudi Eswara Rao C/o. Swarnapudi
Chinna Rao, Plot No. 12, Gosala Layout, Old Gosala, Simhachalam, Visakhapatnam, Andhra Pradesh-530028. रधजस्व/The Revenue – Income Tax Officer, Ward-4(2), O/o. ITO,
Pratyakshakar Bhavan, MVP Colony, Visakhapatnam, Andhra Pradesh-530017. 3. The Principal Commissioner of Income Tax, आयकर आयुक्त (अपील)/ The Commissioner of Income Tax 4. नवभधगीय प्रनतनिनर्, आयकर अपीलीय अनर्करण, नवशधखधपटणम/ DR, ITAT,
Visakhapatnam गधर्ा फ़धईल / Guard file 6. आदेशधिुसधर / BY ORDER
Sr. Private Secretary ITAT, Visakhapatnam
