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

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ITA 935/HYD/2019Status: DisposedITAT Hyderabad25 May 2021AY 2009-103 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 to withdraw the appeal as the assessee had opted for the Vivad-se-Vishwas Scheme. The withdrawal is subject to the condition that the assessee can seek revival if the scheme benefit is denied.

What were the facts?

The assessee filed an appeal against an order under Section 263. The assessee subsequently opted for the Direct Tax Vivad Se Viswas Scheme, 2020, and received the relevant forms.

What were the issues?

Whether the appeal should be withdrawn due to the assessee opting for the Vivad-se-Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

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:

1.

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”.

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 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.

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Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeal of the assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and received Form(s)-3 in tune thereto, with a rider that it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 25th May, 2021.

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