VISWABHARATHI HOSPITALS ,KURNOOL vs ASST. COMMISSIONER OF INCOME TAX, CIRCLE-(1), KURNOOL

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

Before: SHRI SATBEER SINGH GODARA & LAXMI PRASAD SAHU

For Appellant: Shri S. Rama Rao

For Respondent: Shri M. Dayasagar

Hearing: 25/05/2021Pronounced: 25/05/2021

O R D E R

PER L.P. SAHU, AM:

This appeal filed by the assessee for AY 2009-10 is directed against Pr. CIT, Kurnool Charge, Kurnool’s order, dated 27/03/2019 involving proceedings u/s 263 of the Income Tax Act, 1961 ; in short “the Act”.

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 prescribed Form No.1 & 2 and received Form(s)-3 in tune

:- 2 -: Viswa Bharathi Hospitals, Kurnool. thereto, which is placed on record and therefore, requested the Bench to permit to withdraw this appeal of the assessee.

Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeal of the assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and received Form(s)-3 in tune thereto, with a rider that it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

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

VISWABHARATHI HOSPITALS ,KURNOOL vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-(1), KURNOOL