PURNA PRASAD GODAVARTHI,BANGALORE vs. ACIT/DCIT, CIRCLE-1, KAKINADA
Facts
The assessee filed appeals against an order passed by the Commissioner of Income Tax (Appeals) for the Assessment Year 2016-17. During the proceedings, the assessee's counsel informed the Tribunal of their desire to withdraw the appeals to avail the benefits of the Direct Tax "Vivad Se Vishwas Scheme, 2024".
Held
The Tribunal dismissed the appeals as withdrawn, granting the assessee liberty to approach the Tribunal again if their case is not accepted under the Vivad Se Vishwas Scheme 2024. This allows the assessee to file a Miscellaneous Application for reinstatement of the appeals within the prescribed time limit if necessary.
Key Issues
Whether the appeals should be permitted to be withdrawn by the assessee to opt for the Direct Tax Vivad Se Vishwas Scheme, 2024, with a conditional provision for reinstatement.
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 Nos.90 and 91/VIZ/2024 Assessment Year: 2016-17 Purna Prasad Godavarthi, Vs. ACIT/DCIT, Circle – 1, Bangalore. Visakhapatnam. PAN : ARDPG2834Q. (Appellant) (Respondent) Assessee by: Shri VN Hari (HYBRID) Revenue by: Shri N. Gopi Krishna, Sr.DR Date of hearing: 16.01.2025 Date of pronouncement: 16.01.2025
O R D E R PER LALIET KUMAR, J.M.
These appeals are filed by the assessee feeling aggrieved by the order passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 10.01.2024 for the A.Y. 2016-17.
2 ITA Nos. 90 and 91/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 these Appels.
After hearing both the parties, we dismiss the appeals 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 appeals. Ordered accordingly.
In the result, the appeals of the assessee are dismissed as 'withdrawn'.
Order pronounced in the Open Court on 16th January, 2024. Sd/- Sd/- Sd/- Sd/- Sd/- Sd/- Sd/- Sd/- Sd/- Sd/- (BALAKRISHNAN S.) (LALIET KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER
Visakhapatnam, dated 16.01.2025. TYNM/sps
3 ITA Nos. 90 and 91/Viz/2024
Copy to: S.No Addresses 1 Purna Prasad Godavarthi, C/o.MSPR & Co., Chartered Accountants, # 2768E, E-Block, 1st Main Sahakar Nagar, Bangalore – 560092, Karnataka. 2 The ACIT/DCIT, Circle – 1, Visakahpatnam. 3 Prl.CIT, Visakhapatnam 7 DR, ITAT, Visakhapatnam Bench. 8 Guard File By Order
