PALAKAYALA GOPALA RAO,GUNTUR vs. INCOME TAX OFFICER, WARD-2(1), GUNTUR
What did the Tribunal hold?
The Tribunal allowed the withdrawal of the appeal and dismissed it as withdrawn. It was clarified that if the assessee's case is not accepted under the 'Vivad Se Viswas' scheme, the assessee would be at liberty to file a Miscellaneous Petition to reinstate the appeal within the prescribed time limit.
What were the facts?
The assessee, Palakayala Gopala Rao, appealed an order from the Commissioner of Income Tax (Appeals) for the assessment year 2015-16. The assessee's counsel submitted a request to withdraw the appeal, stating that the assessee had opted for the 'Vivad Se Viswas' scheme and filed Form No.1. The Ld. DR conceded to this request.
What were the issues?
Whether to allow the withdrawal of an appeal when the assessee has opted for the 'Vivad Se Viswas' scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH
Before: SHRI K.NARASIMHA CHARY & SHRI BALAKRISHNAN S.
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.
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 It was therefore, pleaded that the appeal of the assessee may be allowed to be withdrawn.
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Having heard both the parties, we are inclined to allow the appeal of the assessee to be withdrawn yielding to the prayer of the Ld.AR and accordingly, hereby dismiss the appeal as withdrawn.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In the result, the appeal of assessee is dismissed as withdrawn.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.
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