SIVAKAMA SUNDAR MANTHRAVADI,UNITED KINGDOM vs. COMMISSIONER OF INCOME TAX (IT AND TP), HYDERABAD

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ITA 14/VIZ/2024Status: DisposedITAT Visakhapatnam05 December 2024AY 2016-17Bench: SHRI K.NARASIMHA CHARY (Judicial Member), SHRI BALAKRISHNAN S. (Accountant Member)3 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeal. The appeal was dismissed as withdrawn, with liberty to the assessee to seek reinstatement if the Vivad Se Viswas scheme is not accepted by the Revenue.

What were the facts?

The assessee filed an appeal before the ITAT for assessment year 2016-17. The assessee wished to withdraw the appeal as they had opted to avail the 'Vivad Se Viswas' scheme.

What were the issues?

The primary issue was whether the assessee's appeal could be withdrawn due to opting for the 'Vivad Se Viswas' scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH

Before: SHRI K.NARASIMHA CHARY & SHRI BALAKRISHNAN S.

For Respondent: Shri MN Murthy Naik, CIT(DR)
Hearing: 27/11/2024

सुनवाई की तारीख/Date of hearing: 27/11/2024 घोषणा की तारीख/Pronouncement on: 05/12/2024 आदेश / ORDER PER K. NARASIMHA CHARY, J.M: Aggrieved by the order dated 24/11/2023 passed by the learned Commissioner of Income Tax (IT&TP), in the case of Sivakama Sundar Manthravadi (“the assessee”) for the assessment year 2016-17, assessee preferred this appeal.

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 It was therefore, pleaded that the appeal of the assessee may be allowed to be withdrawn.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Having heard both the parties, we are inclined to allow the appeal of the assessee to be withdrawn yielding to the prayer of the Ld.AR and accordingly, hereby dismiss the appeal as withdrawn.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In the result, the appeal of assessee is dismissed as withdrawn.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 this the 05th day of December, 2024.

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