M/S DECCAN STRIPS AND TUBES PRIVATE LIMITED (FORMERLY KNOWN AS M/S.D.T.TUBES PRIVATE LIMITED),HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-17(1), HYDERABAD

ITA 1938/HYD/2017Status: DisposedITAT Hyderabad24 June 2021AY 2011-123 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's request to withdraw the appeal. The assessee was granted liberty to approach the Tribunal to reinstate the appeal if their Vivad Se Vishwas application is rejected.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee filed forms under the 'Direct Tax Vivad Se Vishwas Scheme, 2020' and received Form 3 from the department. The assessee then requested to withdraw the appeal.

What were the issues?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD ‘ A ‘ BENCH, HYDERABAD.

For Appellant: Shri A.V.Raghuram

Per L.P.Sahu, A.M. : This is an appeal filed by the assessee against the order of Commissioner of Income Tax (Appeals)- 5, Hyderabad dt.31.07.2017 passed in case No.0332,0107 & 0109/2016-17/CIT(A)-5 for the Assessment Year 2009-10. 2. At the outset, the ld. authorized representative of the assessee submitted that the assessee do not want to pursue the appeals as the assessee has already filed forms I & II under the ‘Direct Tax Vivad

2 Se Viswas Scheme, 2020’ and received Form 3 from the department. Therefore, consequent to the same, the assessee desires to withdraw the appeals before the Tribunal. Hence it was pleaded, that the appeal of the assessee may be treated as withdrawn.

The ld. DR conceded to the request of the Ld. AR.

After hearing both the parties, according to the request of the assessee and their Ld. AR, we hereby allow the appeal of the assessee to be withdrawn. We also make it clear that the assessee shall be at liberty to approach the Tribunal within the stipulated time as provided under the Act, in order to reinstate the appeals, if their application with respect to Vivad Se Vishwas Scheme is rejected.

In the result, appeal of assessee is dismissed as withdrawn. Order pronounced in the open court on 24th June, 2021. (S.S. GODARA) (L.P. SAHU) Judicial Member Accountant Member

Hyderabad, Dt.24.06.2021. * Reddy gp

3 Copy to :

M/s. Deccan Strips and Tubes Pvt. Ltd., A-23(Part), APIE, Balanagar, Hyderabd-37

DCIT, Circle 17(1), Hyderabad.

Pr. C I T-5, Hyderabad.

CIT(Appeals)- 5, Hyderabad.

DR, ITAT, Hyderabad.

Guard File.

By Order Sr. Pvt. Secretary, ITAT, Hyderabad.

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