SUDHAKAR REDDY RONDLA,TRINIDAD AND TOBAGO vs. DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION - 2, HYDERABAD
What did the Tribunal hold?
The Tribunal allowed the assessee to withdraw the appeal. The Revenue's representative conceded to this request. The appeal was dismissed as withdrawn, with liberty to reinstate if the DTVSV scheme resolution was not accepted.
What were the facts?
The assessee wished to withdraw their appeal before the ITAT. This was because they had opted to resolve the dispute under the Direct Tax Vivad Se Vishwas Scheme, 2024 and had filed the necessary forms and paid the taxes.
What were the issues?
Whether the assessee should be allowed to withdraw the appeal due to opting for the Vivad Se Vishwas scheme. The Revenue's consent to the withdrawal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Hyderabad ‘B’ Bench, Hyderabad
Before: SHRI VIJAY PAL RAO & SHRI MADHUSUDAN SAWDIA
आदेश/ORDER PER MADHUSUDAN SAWDIA, A.M.: This appeal is filed by Sudhakar Reddy Rondla, Hyderabad (“the assessee”), feeling aggrieved by the order passed by the Learned Assessing Officer (“Ld. A.O.”) u/s 147 r.w.s. 144C(13) of the Income Tax Act, 1961 on 16.01.2024 for the A.Y. 2017-18.
At the outset, the Learned Authorised Representative (“Ld. AR”) submitted that, the assessee wanted to withdraw the appeal as he has opted to resolve it’s dispute under the Direct Tax Vivad Se Vishwas Scheme, 2024 (“DTVSV,2024”). The Ld. AR also submitted that, the assessee has filed Form-1 under the DTVSV,2024 on 15.11.2024 and paid the amount of taxes in accordance with Form-2 of the DTVSV,2024. Therefore, the Ld. AR requested before the bench that the assessee may be allowed to withdraw the appeal.
The Learned Department Representative (“Ld. DR”) conceded to the request of Ld. AR.
We have heard the rival contentions and also gone through the record in the light of the submissions made by either side. We are inclined to allow the appeal of the assessee to withdraw as he has preferred to resolve it’s dispute under the DTVSV,2024 and have already filed Form-1 under DTVSV,2024 on 15.11.2024 and paid the amount of taxes in accordance with Form-2 of the DTVSV,2024. The Ld. DR has also conceded to the request of Ld. AR. Accordingly, we hereby dismiss the appeal of the assessee as withdrawn. However, we are giving opportunity to the assessee, if the case of the assessee is not accepted under the DTVSV,2024 by Revenue for whatsoever may be the reason, then the assessee shall be at liberty to file Miscellaneous Application before the Tribunal within the prescribed time under the Act to reinstate the case. It is ordered accordingly.
In the result, the appeal filed by the assessee is dismissed as withdrawn.
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