YERRA NAGESWARA RAO,VISAKHAPATNAM vs. INCOME TAX OFFICER, WARD-4(2), VISAKHAPATNAM
Facts
The assessee filed an appeal against an order by the Commissioner of Income Tax (Appeals) for the assessment year 2012-13. The assessee's counsel requested to withdraw the appeal, as the assessee intends to avail the Direct Tax "Vivad Se Vishwas Scheme, 2024".
Held
The Tribunal dismissed the appeal as withdrawn, granting the assessee liberty to file a Miscellaneous Application to reinstate the appeal if their case is not accepted under the Vivad Se Vishwas Scheme by the Revenue. Such an application must be filed within the time limit prescribed by the Act.
Key Issues
Whether an appeal can be withdrawn to opt for the Vivad Se Vishwas Scheme, and the conditions for such withdrawal, including the liberty to reinstate the appeal if the scheme's benefit is not granted.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH
Before: SHRI LALIET KUMAR & SHRI BALAKRISHNAN. S
IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH BEFORE SHRI LALIET KUMAR, JUDICIAL MEMBER AND SHRI BALAKRISHNAN. S, ACCOUNTANT MEMBER ITA No.100/VIZ/2024 Assessment Year: 2012-13 Yerra Nageswara Rao, Vs. The Income Tax Officer, Ward – 4(2), Visakhapatnam. Visakhapatnam. PAN : AETPN1851N. (Appellant) (Respondent) Assessee by: Shri GVN Hari, Advocate. Revenue by: Ms. K. Sandhya Rani, Sr.DR Date of hearing: 22.01.2025 Date of pronouncement: 22.01.2025
O R D E R PER LALIET KUMAR, J.M.
This appeal is filed by the assessee feeling aggrieved by the order passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 08.02.2024 for the A.Y. 2012-13.
2 ITA No.100/Viz/2024
At the outset, the Learned Counsel for the assessee submitted that the assessee wishes to avail Direct Tax “Vivad Se Vishwas Scheme, 2024" and hence, would like to withdraw this appeal.
After hearing both the parties, we dismiss the appeal of the assessee with a liberty to approach the Tribunal if 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 Miscellaneous Application before the Tribunal within the time limit prescribed under the Act to reinstate assessee's appeal. Ordered accordingly.
In the result, the appeal of the assessee is dismissed as 'withdrawn'.
Order pronounced in the Open Court on 22nd January, 2024. Sd/- Sd/- Sd/- Sd/- Sd/- Sd/- Sd/- (BALAKRISHNAN S.) (LALIET KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER
Visakhapatnam, dated 22.01.2025. TYNM/sps
3 ITA No.100/Viz/2024
Copy to: S.No Addresses 1 Yerra Nageswara Rao, Visakhapatnam, D.No.58-24-38/3, Vengamamba Residency, Jayaprakash Nagar, Butchiraju Palem, Visakhapatnam. 2 The Income Tax Officer, Ward –4(2), Visakhapatnam. 3 Prl.CIT, Visakhapatnam. 7 DR, ITAT, Visakhapatnam Bench. 8 Guard File By Order
