CYIENT LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(2), HYDERABAD

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ITA 1923/HYD/2017Status: DisposedITAT Hyderabad25 August 2021AY 2013-143 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 appeal, noting that the assessee had opted for the Vivad-se-Vishwas Scheme. The assessee can seek revival of the cases if the scheme benefit is denied for technical reasons.

What were the facts?

The assessee opted for the Direct Tax Vivad Se Viswas Scheme, 2020, and received Form-3. However, due to time constraints, the necessary filings could not be completed.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for the Vivad Se Viswas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C

AI-generated summary — verify with the full judgment below

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

Before: SHRI SATBEER SINGH GODARA & LAXMI PRASAD SAHU

For Appellant: Shri Pawan Kumar
For Respondent: Shri YVST Sai
Hearing: 23/08/2021Pronounced: 25/08/2021

O R D E R PER BENCH: This appeal filed by the assessee for AY 2013-14 is directed against DCIT, Circle – 1(2), Hyderabad’s, order dated 30/10/2017 involving proceedings u/s 143(3) rws 144C of the Income Tax Act, 1961 ; in short “the Act”.

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 :- 2 -: Cyient Ltd., Hyderabad . prescribed Form No.1 & 2 and received Form(s)-3 in tune thereto, and the same could not be filed due to paucity of time, 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Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeals of the assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and received Form(s)-3 in tune thereto, with a rider that it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 it for technical reasons.

4.

In the result, assessee’s appeal is dismissed in above terms. Pronounced in the open court on 25th August, 2021.

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