NEOTISS LIMITED(FORMERLY VALLOUREC HEAT EXCHANGERTUBES LIMITED),HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-8(1), HYDERABAD

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ITA 148/HYD/2018Status: DisposedITAT Hyderabad02 September 2021AY 2013-142 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal held that since Form 3 under the Vivad Se Vishwas Scheme was issued, there was no purpose in keeping the appeals pending. The appeals were dismissed as withdrawn, with the option for revival if settlement benefits were denied for technical reasons.

What were the facts?

The assessee filed appeals for AY 2013-14 against orders related to penalties under sections 271AA and 271BA. The assessee subsequently applied for settlement under the Vivad Se Vishwas Scheme and was issued Form 3.

What were the issues?

Whether appeals should be dismissed as withdrawn when the assessee has opted for settlement under the Vivad Se Vishwas Scheme and Form 3 has been issued.

Which sections of the Income-tax Act were involved?

Section 271AA,Section 271BA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD ‘B’ BENCH : Hyderabad

Before: Shri S.S. Godara & Shri L.P. Sahu

Hearing: 31/08/2021Pronounced: 02/09/2021

Date of Hearing : 31/08/2021 Date of Pronouncement : 02/09/2021 O R D E R PER S.S. GODARA, JM These assessee’s appeals for AY 2013-14, are directed against the CIT(A)-2 Hyderabad’s orders dated 25.10.2017 in case nos. 0325 & 0326/16- 17 in proceedings u/s 271AA and 271BA of the Act Income Tax Act, 1961 (in short ‘the Act’); respectively.

Heard both the parties. Case files perused.

2.

We are informed during the course of hearing from the assessees' side that it has filed for settlement benefit under the 'Direct Tax Vivad Se Viswas Scheme-2020' in prescribed Form No.1 & 2 and Form(s)-3 dated 15.042021 in tune thereto; also stand issued. & 149/Hyd/2018 AY 2013-14 M/s Neotiss Limited.

3.

The assessee’s sole identical plea in both these cases is that since the department is yet to finalise the settlement in tune with Form(s)-3 issued under the scheme, these appeals may not be dismissed as withdrawn as on date. We find no merit in assessees' contentions per se. The fact remains that they have already been issued Form(s)-3, no purpose would be served if both these cases are kept pending. We therefore order that these appeals be treated as dismissed as withdrawn with a rider that it shall be very much open for the assessee to file for revival of these cases, if the settlement benefit under the scheme is denied to them for technical reasons.

This assessee’s both appeals are dismissed as withdrawn in above terms. A copy of this common order be placed in the respective case files.

Order pronounced in Open Court on 2nd September, 2021.

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