RENUKA PLASTI CRAFTS PVT. LTD., HYDERABAD,SECUNDERABAD vs. DCIT, CIRCLE-3(1), HYDERABAD, HYDERABAD

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ITA 166/HYD/2017Status: DisposedITAT Hyderabad03 May 2021AY 2007-083 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw its appeal as the assessee had opted for the Vivad Se Viswas scheme. The appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal for Assessment Year 2007-08. The assessee subsequently opted to avail the 'Vivad Se Viswas' scheme and had filed the necessary forms.

What were the issues?

The primary issue was whether the assessee should be allowed to withdraw its appeal due to opting for the Vivad Se Viswas scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCH “B”, HYDERABAD

For Appellant: Shri Pawan Kumar Chakrapani
For Respondent: Shri Rohit Mujumdar
Hearing: 29/04/2021Pronounced: 03/05/2021

This appeal is filed by the assessee against the order of the Ld. CIT(A)-10, Hyderabad in appeal No.0175/CIT(A)-10/2015-10, dated 30/08/2016 passed U/s. 143(3) r.w.s 250(6) of the Act for the A.Y. 2007-08.

2.

At the outset, Ld.AR submitted before us that the assessee desires to withdraw its appeal as the assessee has opted to avail ‘Vivad Se Viswas’ scheme. He further submitted that the assessee had filed Form No.1 & 2 and also received Form-3 from the Revenue. It was therefore pleaded, that the instant appeal of the assessee may be allowed to be withdrawn.

3.

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

4.

Having heard both the parties through video conference, We are inclined to allow the appeal of the assessee to be withdrawn yielding to the prayer of the Ld. AR as the assessee has preferred to avail the Vivad- se-Vishwas Scheme by filing Forms No.1, 2 and also received Form No.3 from the Revenue. The Ld. DR has also conceded to the request of the Ld. AR. Accordingly, We hereby dismiss the appeal of the assessee as withdrawn. However, we also make it clear that, if the assessee’s case is not accepted in the Vivad-Se-Viswas scheme by the Revenue for whatsoever may be the reason, then the assessee shall be at liberty to file a Miscellaneous Petition before the Tribunal within the time limit prescribed under the Act to reinstate its appeal. It is ordered accordingly.

5.

In the result, appeal of the assessee is dismissed as withdrawn.

Pronounced in the open Court on the 03rd May, 2021.

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