Ajay Kumar Agarwal (HUF) , Hyderabad Income Tax Officer, Ward-5(2), Hyderabad

Last updated: 24 February 2021

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The assessee, Ajay Kumar Agarwal (HUF), requested to withdraw their appeal for the 2015-16 assessment year. This was due to their application under the Direct Tax Vivad se Vishwas Act, 2020. The Income Tax Officer did not object, and the Tribunal allowed the appeal to be withdrawn. The assessee can apply to reinstate the appeal if their Vivad se Vishwas application is rejected.

Court :
ITAT Hyderabad

Brief :
This is assessee’s appeal for the A.Y 2015-16 against the order of the CIT (A)-4, Hyderabad, dated 06.08.2019.

Citation :
ITA 1544/Hyd/2019

IN THE INCOME TAX APPELLATE TRIBUNAL
Hyderabad ‘B’ Bench, Hyderabad
(Through Video Conferencing)

Before Smt. P. Madhavi Devi, Judicial Member
AND
Shri A. Mohan Alankamony, Accountant Member

ITA No.1544/Hyd/2019
Assessment Year: 2015-16

Ajay Kumar Agarwal (HUF)
Hyderabad
[PAN: AADHA3948J]
(Appellant)

Vs.

Income Tax Officer
Ward 5(2)
Hyderabad
(Respondent)

Assessee by: Sri K.A. Sai Prasad, Adv.
Revenue by: Sri Rohit Mujumdar, DR
Date of hearing: 03/02/2021
Date of pronouncement: 03/02/2021

ORDER

Per Smt. P. Madhavi Devi, J.M

This is assessee’s appeal for the A.Y 2015-16 against the order of the CIT (A)-4, Hyderabad, dated 06.08.2019.

2. At the outset, the Ld. AR submitted before us that the assessee does not want to pursue the appeal as he has alreadyfiled forms I & II under the “Direct Tax Vivad Se Vishwas Act, 2020” scheme and its acceptance is awaited. Therefore, consequent to the same, the assessee desires to withdraw the appeal before the Tribunal. Hence it was pleaded, that the appeal of the assessee may be treated as withdrawn.

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

4. After hearing both the parties, according to the request of the assessee and its Ld. AR, we hereby allow the appeal of the assessee to be withdrawn. We also make it clear that the assessee shall be at liberty to approach the Tribunal within the stipulated time as provided under the Act, in order to reinstate the appeal, if the application with respect to Vivad se Vishwas scheme is rejected.

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 In the result, appeal of assessee is dismissed as withdrawn.

Order pronounced in the Open Court on 03rd February, 2021.

Sd/- Sd/-
(A. MOHAN ALANKAMONY) (P. MADHAVI DEVI)
ACCOUNTANT MEMBER JUDICIAL MEMBER

Hyderabad, dated 03rd February, 2021.
*Gmv

Copy to:
1 Ajay Kumar Agarwal (HUF), C/o Katrapati & Associates, 1-1-
298/2/B/3, 1st Floor, Ashok Nagar, Hyderabad 500 020.
2 ITO Ward 5(2), Hyderabad /ACIT, Range 5, Hyderabad
3 CIT (A)-4, Hyderabad
4 Pr. CIT – 4, Hyderabad
5 The DR, ITAT Hyderabad
6 Guard File

FAQ :

The appeal was withdrawn because the assessee had applied under the Direct Tax Vivad se Vishwas Act, 2020, and was awaiting its acceptance.

The Income Tax Appellate Tribunal (ITAT) Hyderabad allowed the appeal to be dismissed as withdrawn.

The Vivad se Vishwas Act, 2020, is a scheme introduced to settle direct tax disputes.

Yes, the assessee is permitted to approach the Tribunal to reinstate the appeal within the time stipulated by the Act, should their application under the Vivad se Vishwas scheme be rejected.