VENKATA NARAYANA RAO AKKINENI,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-7, HYDERABAD

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ITA 1593/HYD/2017Status: DisposedITAT Hyderabad08 September 2021AY 2006-073 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeals as they had opted for the Vivad-se-Vishwas Scheme. The withdrawal is subject to the condition that the assessee can seek revival of the cases if the scheme benefit is denied for technical reasons.

What were the facts?

The assessee filed appeals against the CIT(A)'s orders for AYs 2006-07 and 2011-12. The assessee had opted to avail the benefit under the Direct Tax Vivad Se Viswas Scheme-2020.

What were the issues?

Whether the assessee can withdraw an appeal after opting for the Vivad-se-Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 153A

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 S. Rama Rao
For Respondent: Shri Balakrishna and Smt. N. Swapna
Hearing: 06/09/2021Pronounced: 08/09/2021

O R D E R PER L.P. SAHU :

Both these appeals filed by the assessee are directed against CIT(A) - 12, Hyderabad’s separate orders dated 19/06/2017 for AYs 2006-07 & 2011-12 involving proceedings u/s 143(3) r.w.s. 153A of the Income- Tax Act, 1961; in short “the Act”.

:- 2 -: & 1594/Hyd/17 Sri Venkata Narayana Rao Akkineni, Hyd.

2.

At the outset, the ld. counsel for the assessee submitted that the assessee has opted to avail the benefit under the ‘Direct Tax Vivad 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 this appeal of the assessee.

3.

Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeal of the assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and received Form(s)-3 in tune thereto, with a rider that it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

4.

In the result, Assessee’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 8th September, 2021.

Sd/- Sd/- (S.S. GODARA) ( L. P. SAHU) ACCOUNTANT MEMBER JUDICIAL MEMBER Hyderabad, Dated: 8th September, 2021. kv

:- 3 -: & 1594/Hyd/17 Sri Venkata Narayana Rao Akkineni, Hyd.

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