VIKRAM KUMAR KIMTEE,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), HYDERABAD

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ITA 843/HYD/2018Status: DisposedITAT Hyderabad06 May 2021AY 2008-092 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The tribunal dismissed the appeal as withdrawn, noting that the assessee had opted for the Vivad Se Viswas Scheme. It was clarified that the assessee could seek revival of the case if the settlement benefit was denied for technical reasons.

What were the facts?

The assessee filed an appeal for AY 2008-09 against an order under section 143(3) r.w.s. 153A. During the hearing, the assessee informed the tribunal that they had applied for settlement under the Direct Tax Vivad Se Viswas Scheme-2020.

What were the issues?

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

Which sections of the Income-tax Act were involved?

Section 153A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD ‘A’ BENCH : Hyderabad

Before: Smt. P. MADHAVI DEVI & Shri L.P. SAHU

Hearing: 05/05/2021

O R D E R PER L.P. SAHU, A.M.

This assessee’s appeal for AY 2008-09 arises against the CIT(A)-11, Hyderabad’s order dated 21.12.2017 in case no. 23 to 26/2017-18 involving proceedings u/s 143(3) r.w.s. 153A of the Income Tax Act, 1961 (in short ‘the Act’). Heard both the parties. Case file perused.

2.

At the outset, we are informed during the course of hearing from the assessee’s side that the assessee has filed for settlement benefit under the ‘Direct Tax Vivad Se Viswas Scheme-2020’ by way of Form No.1 & 2, and Vikram Kumar Kimtee, Hyd. AY 2008-09 Form-3 is yet to be received. Hence learned counsel for assessee requested permission to withdraw the appeal. 3. We dismiss this appeal as withdrawn and further make it clear that it shall be open for the assessee to file for revival of the case if the settlement benefit is denied for technical reasons. 4. This assessee’s appeal is dismissed as withdrawn in above terms. Order pronounced in Open Court on 06/05/2021.

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