PALAKAYALA GOPALA RAO,GUNTUR vs. INCOME TAX OFFICER, WARD-2(1), GUNTUR
Facts
The assessee, Palakonda Gopala Rao, filed an appeal against the order of the Ld. CIT(A) for the assessment year 2015-16. During the proceedings, the assessee's Ld. AR submitted a request to withdraw the appeal as the assessee opted to avail the 'Vivad Se Viswas' scheme and had filed Form No.1.
Held
The Tribunal allowed the request for withdrawal and dismissed the appeal as withdrawn. However, it granted the assessee the liberty to file a Miscellaneous Petition to reinstate the appeal if their case is not accepted under the 'Vivad Se Viswas' scheme by the Revenue.
Key Issues
Whether to allow the assessee's request to withdraw an appeal for opting into the 'Vivad Se Viswas' scheme, and under what conditions for potential reinstatement.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH
Before: SHRI K.NARASIMHA CHARY & SHRI BALAKRISHNAN S.
आयकर अपीलीय अधिकरण, धिशाखापटणम पीठ में IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH BEFORE SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER & SHRI BALAKRISHNAN S., ACCOUNTANT MEMBER
आ.अपी.सं / ITA No.527 & 528/Viz/2024 (निर्धारण वर्ा / Assessment Year: 2015-16) Palakonda Gopala Rao Vs. Income Tax Officer Guntur Ward-2(1) [PAN :ASTPP4823D] Guntur अपीलधर्थी / Appellant प्रत्यर्थी / Respondent निर्धाररती द्वधरध/Assessee by: Shri G.V.N.Hari, Ld.AR रधजस्व द्वधरध/Revenue by: Dr.Aparna Villuri, CIT(DR)
सुिवधई की तधरीख/Date of hearing: 17/02/2025 घोर्णध की तधरीख/Pronouncement on: 17/02/2025 आदेश / ORDER PER K. NARASIMHA CHARY, J.M:
Aggrieved by the order dated 29/10/2024 passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (“Ld. CIT(A)”), in the case of Palakayala Gopala Rao (“the assessee”) for the assessment year 2015-16, assessee preferred this appeal. 2. At the outset, Ld.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. It was therefore, pleaded that the appeal of the assessee may be allowed to be withdrawn. 3. The Ld. DR conceded to the request of the Ld.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Having heard both the parties, we are inclined to allow the appeal of the assessee to be withdrawn yielding to the prayer of the Ld.AR and accordingly, hereby dismiss the appeal as withdrawn.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 the 17th day of February, 2025.
Sd/- Sd/- (S.BALAKRISHNAN) (K. NARASIMHA CHARY) ACCOUNTANT MEMBER JUDICIAL MEMBER Hyderabad, Dated: 17/02/2025
