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Facts
The assessee, Lakshmi Venkata Sarathkumar Murthi, filed an appeal against an order from the CIT(A) for the assessment year 2013-14. During the proceedings, the assessee's authorized representative requested to withdraw the appeal, stating that the assessee had opted for the 'Vivad Se Viswas' scheme and had filed the necessary forms.
Held
The tribunal allowed the assessee's request to withdraw the appeal, which was conceded by the Departmental Representative, and accordingly dismissed the appeal as withdrawn. The tribunal also clarified that if the assessee's case under the 'Vivad Se Viswas' scheme is not accepted by the Revenue, the assessee has the liberty to file a Miscellaneous Petition to reinstate the appeal within the statutory time limit.
Key Issues
Whether the assessee's appeal should be allowed to be withdrawn given their election to avail the 'Vivad Se Viswas' scheme.
Sections Cited
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Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM
Before: SHRI K.NARASIMHA CHARY
सुिवधई की तधरीख/Date of hearing: 18/02/2025 घोर्णध की तधरीख/Pronouncement on: 18/02/2025 आदेश / ORDER PER K. NARASIMHA CHARY, J.M:
Aggrieved by the order dated 22/11/2023 passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (“Ld. CIT(A)”), in the case of Lakshmi Venkata Sarathkumar Murthi (“the assessee”) for the assessment year 2013-14, assessee preferred this appeal.
At the outset, learned AR submitted before us that the assessee desires to withdraw his appeal as he has opted to avail ‘Vivad Se Viswas’ scheme and accordingly, the assessee has filed Form No.1 and 2. It was therefore, pleaded that the appeal of the assessee may be allowed to be withdrawn.
The learned DR conceded to the request of the learned AR.
Having heard both the parties, we are inclined to allow the appeal of the assessee to be withdrawn yielding to the prayer of the learned AR and accordingly, hereby dismiss the appeal as withdrawn.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 appeal. It is ordered accordingly.
In the result, the appeal of assessee is dismissed as withdrawn. Order pronounced in the open court on this 18th the day of February, 2025. Sd/- Sd/- (BALAKRISHNAN S.) (K. NARASIMHA CHARY) ACCOUNTANT MEMBER JUDICIAL MEMBER Hyderabad, Dated: 18/02/2025 L.Rama,SPS Copy forwarded to: 1. Shri Lakshmi Venkata Sarath Kumar Murthi, D.No.7-121, Near Sai Baba Temple, South Street, Vinukonda, Guntur 2. The Income Tax Officer, Ward-1, Narsaraopet 3. The Pr.CIT 4. The DR, ITAT, Visakhapatnam 5. GUARD File TRUE COPY
SENIOR PRIVATE SECRETARY ITAT, VISAKHAPATNAM