DONTHI REDDY RAJASEKHRA REDDY,GUNTUR vs. INCOME TAX OFFICER, WARD-2(1), GUNTUR

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ITA 280/VIZ/2024Status: DisposedITAT Visakhapatnam10 December 2024AY 2015-16Bench: SHRI K. NARASIMHA CHARY, HON’BLE (Judicial Member), SHRI S BALAKRISHNAN, HON’BLE (Accountant Member)3 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's appeal to be withdrawn. It was clarified that if the Revenue does not accept the assessee's case under the Vivad Se Viswas scheme, the assessee can file a miscellaneous petition to reinstate the appeal.

What were the facts?

The assessee filed an appeal against an order passed under Section 147 of the Income Tax Act. At the time of hearing, the assessee requested to withdraw the appeal as they had opted for the 'Vivad Se Viswas' scheme.

What were the issues?

Whether the appeal can be withdrawn by the assessee due to opting for the Vivad Se Viswas scheme.

Which sections of the Income-tax Act were involved?

Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM “SMC” BENCH, VISAKHAPATNAM

Before: SHRI K. NARASIMHA CHARY, HON’BLE & SHRI S BALAKRISHNAN, HON’BLE

For Appellant: Shri GVN Hari, AR, Shri K. Srinivasu, Sr.AR
Pronounced: 10.12.2024

आदेश /O R D E R

PER SHRI S BALAKRISHNAN, ACCOUNTANT MEMBER:

1.

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/250/2024-25/1064694497(1) dated 07.05.2024 for the I.T.A.No.280/VIZ/2024 Donthi Reddy Rajasekhara Reddy A.Y.2015-16 arising out of order passed under section 147of the Income Tax Act, 1961 (in short ‘Act’) dated 31.03.2022.

2.

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 It was therefore, pleaded that the appeal of the assessee may be allowed to be withdrawn.

3.

The Ld. DR conceded to the request of the Ld.AR.

4.

Having heard both the parties, we are inclined to allow the appeal of the assessee to be withdrawn yielding to the prayer of the Ld.AR and accordingly, hereby dismiss the appeal as withdrawn.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.

5.

In the result, the appeal of assessee is dismissed as withdrawn.

Order pronounced in the open court on the conclusion of the hearing on 10th December, 2024.

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