NET CRACKER TECHNOLOGY SOLUTIONS (INDIA) PRIVATE LIMITED (FORMERLY CONVERGYS INFORMATION MANAGEMENT INDIA PRIVATE LIMITED),HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(2), HYDERABAD

ITA 568/HYD/2018Status: DisposedITAT Hyderabad25 August 2021AY 2007-083 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The tribunal decided to dismiss the assessee's appeal as withdrawn, acknowledging the assessee's decision to avail the Vivad-se-Vishwas Scheme. The dismissal was with a condition allowing for revival if the settlement benefit is denied.

What were the facts?

The assessee filed an appeal for AY 2007-08. At the time of hearing, the assessee informed the tribunal that they had opted for the Direct Tax Vivad Se Viswas Scheme, 2020.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for a tax settlement 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 “B”: HYDERABAD

Before: SHRI SATBEER SINGH GODARA & SHRI LAXMI PRASAD SAHU

For Appellant: Shri Prateek Shah

For Respondent: Shri YVST Sai

Hearing: 24/08/2021Pronounced: 25/08/2021

O R D E R PER BENCH: This appeal filed by the assessee for AY 2007-08 is directed against CIT(A)-10, Hyderabad’s order dated 12/02/2018 involving proceedings u/s 143(3) of the Income Tax Act, 1961 ;[ in short “the Act”].

At the outset, the ld. AR orally informed that the assessee has opted to avail the benefit under the ‘Direct Tax Vivad Se Viswas Scheme-2020’ in prescribed Forms 1 and 2,

:- 2 -: M/s Net Cracker Technology Solutions (India) P Ltd. [formerly Convergys Information Management India P Ltd.] and Form 3 is awaited and requested the Bench to permit the assessee to withdraw the appeal.

Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeal of the assessee as withdrawn, since the assessee has preferred to avail the Vivad-se-Vishwas Scheme and Form-3 is awaited, with a rider that it shall be very much open for the assessee to file for revival of this case, if the settlement benefit under the scheme is denied to the assessee for technical reasons.

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

Sd/- Sd/- (S. S. GODARA) (L.P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated: 25th August, 2021. *gmv copy to : 1 Net Cracker Technology Solutions (India) Pvt. Ltd., Plot no 5 & 43, Hitech city, Madhapur, Hyderabad 500 082, Telangana 2 ACIT, Circle 1(2), Hyderabad 3 ACIT, Range 1, Hyderabad 4 CIT(A)-10, Hyderabad 5 Pr.CIT-4, Hyderabad 6 Chief CIT (IT) (SZ) Bengaluru 7 ITAT, DR, Hyderabad 8 Guard File.

:- 3 -: M/s Net Cracker Technology Solutions (India) P Ltd. [formerly Convergys Information Management India P Ltd.]

S.No. Details Date 1 Draft dictated on 2 Draft placed before author Draft proposed & placed before the 3 Second Member Draft discussed/approved by 4 Second Member Approved Draft comes to the Sr. 5 PS/PS 6 Kept for pronouncement 7 File sent to Bench Clerk Date on which the file goes to Head 8 Clerk 9 Date on which file goes to A.R. 10 Date of Dispatch of order

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