NARESH KUMAR KARWA (HUF),HYDERABAD vs. INCOME TAX OFFICER, WARD-7(2), HYDERABAD

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ITA 1031/HYD/2019Status: DisposedITAT Hyderabad11 June 2021AY 2015-163 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal held that since Form-3 was already issued under the Vivad Se Viswas scheme, there was no purpose in keeping the appeal pending. The appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal for AY 2015-16. The assessee later filed for settlement under the Direct Tax Vivad Se Viswas Scheme-2020, and Form-3 was issued.

What were the issues?

Whether an appeal should be dismissed as withdrawn when the assessee has opted for and been issued a form under the Vivad Se Viswas Scheme.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 “B” : HYDERABAD

Before: SHRI A.MOHAN ALANKAMONY & SHRI S.S.GODARA

PER S.S.GODARA, J.M. :

This assessee’s appeal for AY.2015-16 arises from CIT(A)-3, Hyderabad’s order dated 30-04-2019 passed in appeal No.0145/ITO-7(2)/Hyd/CIT(A)-3/2017-18, in proceedings u/s.143(3) of the Income Tax Act, 1961 [in short, ‘the Act’].

2.

At the outset, we are informed during the course of hearing from the assessee’s 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-3 in tune thereto; also stands issued.

:- 2 -:

3.

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is yet to finalise the settlement in tune with Form(s)-3 issued under the scheme, this appeal may not be dismissed as withdrawn as on date.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 We therefore order that this appeal be treated as dismissed as withdrawn with a rider that it shall be very much open for the assessee to file for revival of this case, if the settlement benefit under the scheme is denied to it for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

4.

This assessee’s appeal is dismissed as withdrawn in above terms.

Order pronounced in the open court on 11th June, 2021 ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER Hyderabad, Dated: 11-06-2021 TNMM

:- 3 -: Copy to : 1.Naresh Kumar Karwa (HUF), 14-6-39, Nagar Khana, Begum Bazar, Hyderabad. 2.The Income Tax Officer, Ward-7(2), Hyderabad. 3.CIT(Appeals)-3, Hyderabad. 4.Pr.CIT-3, Hyderabad. 5.D.R. ITAT, Hyderabad. 6.Guard File.

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