VENKATA SRI BALAJI EXPORTS,ONGOLE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUNTUR
What did the Tribunal hold?
The Tribunal allowed the assessee to withdraw its appeal. The appeal was dismissed as withdrawn, with a liberty to reinstate if the Vivad Se Viswas scheme is not accepted by the Revenue.
What were the facts?
The assessee filed an appeal against the order of the CIT(A). The assessee subsequently opted to avail the 'Vivad Se Viswas' scheme and filed the necessary form.
What were the issues?
Whether the assessee can withdraw its appeal to avail 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 “DIVISION” BENCH, VISAKHAPATNAM
Before: SHRI DUVVURU RL REDDY, HON’BLE VICE- & SHRI S BALAKRISHNAN, HON’BLE
आदेश /O R D E R
PER SHRI DUVVURU RL REDDY, HON’BLE VICE-PRESIDENT:
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 It was therefore, pleaded that the appeal of the assessee may be allowed to be withdrawn.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Having heard both the parties, we are inclined to allow the appeal of the assessee to be withdrawn yielding to the prayer of the Ld.AR and accordingly, hereby dismiss the appeal as withdrawn.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In the result, the appeal of assessee is dismissed as withdrawn.
Order pronounced in the open court on 19thDecember, 2024.
Sd/- Sd/- (दुव्वूरु आर.एल रेड्डी)) (एस बालाकृष्णन) (DUVVURU RL REDDY) (S. BALAKRISHNAN) उपाध्यक्ष /VICE PRESIDENT लेखा सदस्य/ACCOUNTANT MEMBER Dated:19.12.2024 Giridhar, Sr.PS
Page No. 2
I.T.A.No.137/VIZ/2024 M/s. Venkata Sri Balaji Exports आदेश की प्रनतनलनप अग्रेनर्त / Copy of the order forwarded to:- 1. निर्धाररती/ The Assessee : M/s. Venkata Sri Balaji Exports 197/5, 8, 9, 13, 14 Energy Limited Gundlapalli Maddipadu Ongole – 523001 Andhra Pradesh 2. रधजस्व/ The Revenue : Asst. CIT – Circle – 1 Guntur - 522006 Andhra Pradesh 3. The Principal Commissioner of Income Tax 4. नवभधगीय प्रनतनिनर्, आयकर अपीलीय अनर्करण, नवशधखधपटणम /DR,ITAT, Visakhapatnam 5. The Commissioner of Income Tax 6. गधर्ा फ़धईल / Guard file //True Copy// आदेशधिुसधर / BY ORDER
Sr. Private Secretary ITAT, Visakhapatnam
Page No. 3
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