ITO, WARD-14(5), HYD, HYDERABAD vs. AFFILIATED MEDIA COMPANY PVT.LTD., HYD, HYDERABAD

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ITA 1259/HYD/2015Status: DisposedITAT Hyderabad28 October 2021AY 2012-133 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 to withdraw its appeals. This was based on the assessee's decision to settle the dispute under the Vivad se Viswas Scheme.

What were the facts?

The Revenue filed appeals against the orders of the CIT(A) for AYs 2009-10 and 2012-13. The assessee opted to avail the benefit under the 'Direct Tax Vivad se Viswas Scheme-2020'.

What were the issues?

Whether the Revenue's appeals should be withdrawn due to the assessee opting for the Vivad se Viswas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “A”: HYDERABAD

Before: SHRI SATBEER SINGH GODARA & SHRI LAXMI PRASAD SAHU

For Appellant: Shri Mithilesh Sai
For Respondent: Shri Paruchuri Dinesh, Shri Mithilesh Sai
Hearing: 21/10/2021Pronounced: 28/10/2021

O R D E R PER L.P. SAHU, A.M. :

Both these appeals filed by the Revenue are directed against CIT(A) - VI, Hyderabad’s separate orders dated 26/08/2015 for AYs 2009-10 & 2012-13 involving proceedings u/s 143(3) of the Income- Tax Act, 1961; in short “the Act”.

2.

At the outset, the ld. DR submitted that the assessee has opted to avail the benefit under the ‘Direct Tax Vivad

:- 2 -: & 1259/Hyd/15 M/s Affiliated Media Company Pvt. Ltd., Hyd. Se Viswas Scheme-2020’ in prescribed Form No.1 & 2 and received Form(s)-3 in tune thereto, which are available on record, and therefore, requested the Bench to permit to withdraw these appeal of the Revenue.

3.

Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeal of the Revenue as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and received Form(s)-3 in tune thereto, with a rider that it shall be very much open for the Revenue to file for revival of these cases, if the settlement benefit under the scheme is denied to it for technical reasons.

4.

In the result, Revenue’s appeals are dismissed in the above terms. A copy of this common order be placed in the respective case files. Pronounced in the open court on 28th October, 2021.

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