What did the Tribunal hold?

The Tribunal allowed the Revenue's appeals to be withdrawn by the assessee. Consequently, the appeals were dismissed as the dispute was settled under the Vivad Se Vishwas Scheme.

The Revenue filed two appeals before the ITAT for AY 2008-09. The assessee had already opted for the Direct Tax Vivad Se Viswas Scheme, 2020, and received Form 3, indicating the settlement of the dispute.

What were the issues?

The primary issue was the withdrawal of appeals by the assessee due to settlement under the Vivad Se Vishwas Scheme.

ITO vs Ras Infrastructure Limited | ITAT Hyderabad 2021

Income Tax Appellate Tribunal, HYDERABAD ‘ B ‘ BENCH, HYDERABAD.

Before: SMT. P. MADHAVI DEVI & SHRI A. MOHAN ALANKAMONY

For Appellant: Shri M. V. Anil Kumar

O R D E R Per Smt. P. Madhavi Devi, J.M. : These two appeal filed by Revenue is arising out of order of the Commissioner of Income Tax (Appeals)-3, Hyderabad both Dt.22.03.2019 for the Assessment Year 2008-09.

At the outset, the ld. Authorized representative of the assessee submitted that the assessee does not want to pursue the appeal as he has already filed Forms 2, and received Form 3 issued by the department. Therefore, consequent to the same, the assessee desires to withdraw the appeals before the Tribunal. Hence it was pleaded, that the appeals of the Revenue may be treated as withdrawn.

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

After hearing both the parties, according to the request of the Ld. AR, we hereby allow the appeals of the Revenue to be withdrawn.

In the result, appeals of Revenue are dismissed as the assessee received Form 3 under Vivad Se Vishwas Scheme Act, 2020.

Order pronounced in the open court on 3rd May, 2021.

INCOME TAX OFFICER, WARD-3(2), HYDERABAD vs. RAS INFRASTRUCTURE LIMITED, HYDERABAD

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