VENKATA SRI BALAJI EXPORTS,ONGOLE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUNTUR

This appeal is filed by the assessee against the order of Learned Commissioner of Income Tax (Appeals), National Faceless Appeal centre, Delhi [hereinafter in short “Ld.CIT(A)”] vide DIN & Order No. ITBA/NFAC/S/250/2023-24/1061772927(1) dated 29.02.2024 for the I.T.A.No.137/VIZ/2024 M/s. Venkata Sri Balaji Exports A.Y.2021-22 arising out of order passed under section 143(3) of the Income Tax Act, 1961 (in short ‘Act’) dated 28.12.2022.

At the outset, Ld.AR submitted before us that the assessee desires to withdraw its 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 It was therefore, pleaded that the appeal of the assessee may be allowed to be withdrawn.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Having heard both the parties, we are inclined to allow the appeal of the assessee to be withdrawn yielding to the prayer of the Ld.AR and accordingly, hereby dismiss the appeal as withdrawn.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In the result, the appeal of assessee is dismissed as withdrawn.