DY. COMMISSIONER OF INCOME TAX(TDS), CIRCLE-1(1), HYDERABAD vs. INVESCO (HYDERABAD)PRIVATE LIMITED, HYDERABAD

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ITA 1144/HYD/2018Status: DisposedITAT Hyderabad29 November 2021AY 2013-143 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the Revenue's appeal to be withdrawn. The Revenue was granted liberty to seek reinstatement if the Vivad Se Viswas Scheme application was rejected.

What were the facts?

The Revenue filed an appeal before the ITAT against an order related to proceedings under section 271C of the Income Tax Act. The assessee had opted for the Direct Tax Vivad Se Viswas Scheme, 2020.

What were the issues?

Whether the Revenue's appeal should be withdrawn due to the assessee's participation in the Vivad Se Viswas Scheme.

Which sections of the Income-tax Act were involved?

Section 271C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad ‘ A ‘ Bench, Hyderabad

Before: Shri A. Mohan Alankamony & Shri S.S. Godara

For Respondent: Shri T. Sunil Goutam
Hearing: 25.11.2021Pronounced: 29.11.2021

O R D E R Per S.S. Godara, J.M. This Revenue’s appeal for A.Y 2013-14 arises from the Commissioner of Income Tax (Appeals) – 8, Hyderabad’s order dated 23.03.2018, in case No.10081/CIT(A)-8/Hyd/2015-16 involving proceedings under section 271C of the Income Tax Act, 1961 (in short, “the Act”).

Case called twice. None appears at the assessee’s behest. We accordingly proceeded ex-parte.

2.

At the outset, the learned Departmental Representative submitted that the Revenue does not want to pursue the appeal as the assessee has already filed forms I & II under the ‘Direct Tax Vivad Se Viswas Scheme, 2020’ and got issued Form 3, Forms 4 and 5. Therefore, consequent to the same, the Revenue desires to withdraw the appeal before the Tribunal. Hence it was pleaded, that the appeal of the Revenue may be treated as withdrawn.

3.

After hearing the learned departmental representative, we hereby allow the appeal of the Revenue to be withdrawn. We also make it clear that the Revenue shall be at liberty to approach the Tribunal within the stipulated time as provided under the Act, in order to reinstate the appeal, if its application with respect to Vivad Se Vishwas Scheme is rejected.

4.

This appeal is dismissed as withdrawn in above terms.

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