ROHIT GOYAL (HUF),ADILABAD vs. INCOME TAX OFFICER, WARD-1, ADILABAD

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ITA 2395/HYD/2018Status: DisposedITAT Hyderabad23 July 2021AY 2014-153 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The Tribunal dismissed the appeal as withdrawn because the assessee chose to avail the Vivad-se-Vishwas Scheme. The assessee can seek revival if the settlement benefit is denied.

What were the facts?

The assessee filed an appeal for AY 2014-15. The assessee later opted to avail the benefit under the 'Direct Tax Vivad Se Viswas Scheme-2020'. The assessee requested to withdraw the appeal.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Viswas Scheme.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 & LAXMI PRASAD SAHU

For Appellant: Shri T.S. Ajay
For Respondent: Shri YVST Sai
Hearing: 23/07/2021Pronounced: 23/07/2021

O R D E R PER BENCH:

This appeal filed by the assessee for AY 2014-15 is directed against CIT(A) – 5, Hyderabad’s order, dated 12/12/2018 involving proceedings u/s 143(3) 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 -: Rohit Goyal (HUF), Adilabad.

prescribed Form No.1 & 2 and received Form(s)-3 in tune thereto, which is placed on record, and, therefore, requested the Bench to permit to withdraw this appeal of the assessee.

4.

Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeal of the assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and received Form(s)-3 in tune thereto, with a rider that it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

5.

In the result, assessee’s appeal is dismissed in above terms. Pronounced in the open court on 23rd July, 2021.

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