VANSH BUILDERS PRIVATE LIMITED,HYDERABAD vs. INCOME TAX OFFICER, WARD-17(3), HYDERABAD

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ITA 1828/HYD/2017Status: DisposedITAT Hyderabad26 April 2021AY 2013-143 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal found no merit in keeping the appeal pending as Form-3 had been issued. The appeal was dismissed as withdrawn, with the option for revival if settlement benefits are denied.

What were the facts?

The assessee filed an appeal for AY 2013-14. The assessee subsequently filed for settlement under the Direct Tax Vivad Se Viswas Scheme-2020 and was issued Form-3.

What were the issues?

Whether an appeal should be dismissed as withdrawn when the assessee has opted for a settlement scheme and received a Form-3, and the implications of such a dismissal.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

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

Before: SHRI S.S.GODARA & SHRI LAXMI PRASAD SAHU

This assessee’s appeal for AY.2013-14 arises from the CIT(A)-5, Hyderabad’s order dated 31-08-2017 passed in appeal No.0075 / 2016-17 / CIT(A)-5, in proceedings u/s.143(3) of the Income Tax Act, 1961 [in short, ‘the Act’].

2.

At the outset, we are informed during the course of hearing from the assessee’s side that it has filed for settlement benefit under the ‘Direct Tax Vivad Se Viswas Scheme-2020’ in prescribed Form No.1 & 2 and Form(s)-3 in tune thereto; also stands issued.

3.

The assessee’s sole identical plea in this case is that since the department is yet to finalise the settlement in tune with Form(s)-3 issued under the scheme, this appeal may not be dismissed as withdrawn as on date. We find no merit in assessee’s contentions per se. The fact remains that the assessee has already been issued Form-3, no purpose would be served if this case is kept pending. We therefore order that this appeal be treated as dismissed as withdrawn with a rider that it shall be very much open for the assessee to file for revival of this case, if the settlement benefit under the scheme is denied to it for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.

4.

This appeal is dismissed as withdrawn in above terms.

Order pronounced in the open court on 26th April, 2021

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