GADDE SURESHBABU,VIJAYAWADA vs. INCOME TAX OFFICER, WARD-2(1), VIJAYAWADA

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ITA 44/VIZ/2024Status: DisposedITAT Visakhapatnam05 December 2024AY 2012-13Bench: SHRI K.NARASIMHA CHARY (Judicial Member), SHRI S. BALAKRISHNAN (Accountant Member)3 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeals. It was clarified that if the assessee's case is not accepted under the Vivad Se Viswas scheme, they can seek reinstatement of the appeals.

What were the facts?

The assessee filed appeals before the ITAT for assessment years 2011-12 and 2012-13. The assessee subsequently opted to avail the 'Vivad Se Viswas' scheme and filed the necessary form.

What were the issues?

The primary issue was the assessee's request to withdraw the appeals due to opting for the Vivad Se Viswas scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

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

For Respondent: Dr. Aparna Villuri, Sr. AR
Hearing: 05/12/2024

आदेश / ORDER PER K. NARASIMHA CHARY, J.M: Aggrieved by the orders dated 19/12/2023 passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (“Ld. CIT(A)”), in the case of Sureshbabu Gadde (“the assessee”) for the assessment year 2011-12 & 2012-13, assessee preferred these appeals. 2. At the outset, learned Authorized Representative (“learned AR”) submitted before us that the assessee desires to withdraw his appeals 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 It was therefore, pleaded that the appeals of the assessee may be allowed to be withdrawn.

3.

Learned Departmental Representative conceded to the request of the learned AR.

4.

Having heard both the parties, we are inclined to allow the appeals of the assessee to be withdrawn yielding to the prayer of the learned AR and accordingly, hereby dismiss the appeals as withdrawn. However, we also make it clear that, if the assessee’s cases are not accepted in 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 appeals. It is ordered accordingly.

5.

In the result, the appeals of assessee are dismissed as withdrawn. Order pronounced in the open court on this the 05th December, 2024.

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