SRI KOTAMSETTY PENTA RAO,RAJAHMAUNDRY vs. THE INCOME TAX OFFICER, WARD-2(3), RAJAHMUNDRY

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ITA 565/VIZ/2019Status: DisposedITAT Visakhapatnam16 March 2022AY 2014-20153 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 The appeal was dismissed as withdrawn, with liberty to reinstate if the Vivad Se Viswas scheme application is not accepted.

What were the facts?

The assessee filed an appeal against the order of the CIT(A). The assessee did not appear before the tribunal. The assessee had opted to avail the 'Vivad Se Viswas' scheme.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Viswas scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI DUVVURU R L REDDY, HON’BLE & SHRI S. BALAKRISHNAN, HONBLE

For Respondent: Shri SPG Mudaliar, Sr. AR
Hearing: 10/03/2022Pronounced: 16/03/2022

PER S. BALAKRISHNAN, ACCOUNTANT MEMBER:

1.

This appeal is filed by the assessee against the order of the Ld. CIT(A), Rajamahendravaram in 19/CIT(A)/RJY, dated 01/08/2019 passed U/s. 143(3) r.w.s 147 and U/s. 250(6) of the IT Act, 1961 for the Assessment Year 2014-15.

2.

Before us, none appeared on behalf of the assessee to represent the case. At the outset, on perusal of the material available on record it is apparent that the assessee desires to withdraw his appeal as the assessee has opted to avail ‘Vivad Se Viswas’ scheme and also filed Form No.5 issued by the Revenue. Therefore, we are of the considered view that the appeal of the assessee may be allowed to be withdrawn. Accordingly, we hereby dismiss the appeal of the assessee as withdrawn.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.

3.

In the result, appeal of the assessee is dismissed as withdrawn.

Pronounced in the open Court on the 16th March, 2022.

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