USHODAYA ENTERPRISES PRIVATE LIMITED, HYDERABAD,R.R.DIST vs. DCIT, TDS, CIRCLE-2(1), HYDERABAD, HYDERABAD

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ITA 546/HYD/2017Status: DisposedITAT Hyderabad26 April 2021AY 2008-093 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 permitted the assessee to withdraw the appeals as they had opted for the Vivad-se-Vishwas Scheme. The withdrawal was with a rider that the cases could be revived if the settlement benefit was denied for technical reasons.

What were the facts?

The assessee had filed appeals for AY 2008-09 concerning proceedings under sections 201(1), 201(1A), and 271(1)(c) of the Income Tax Act. The assessee later opted to avail the benefit under the Direct Tax Vivad Se Viswas Scheme-2020.

What were the issues?

Whether the appeals should be withdrawn due to the assessee opting for the Vivad Se Viswas Scheme. The primary issue was the procedural consequence of opting for the scheme on pending appeals.

Which sections of the Income-tax Act were involved?

Section 201(1),Section 201(1A),Section 271(1)(c)

AI-generated summary — verify with the full judgment below

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

Before: SHRI SATBEER SINGH GODARA & LAXMI PRASAD SAHU

For Appellant: Shri V. Siva Kumar
For Respondent: Shri R. Dipak
Hearing: 21/04/2021Pronounced: 26/04/2021

O R D E R PER BENCH: Both these appeals filed by the assessee for AY 2008- 09 are directed against CIT(A) - 8, Hyderabad’s separate orders dated 06/03/2017 and 07/03/2017 respectively involving proceedings u/s 201(1) & 201(1A) and 271(1)(c) of the Income Tax Act, 1961 ; in short “the Act”.

2.

At the time of hearing, 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 :- 2 -: & 547/Hyd/2017 Ushodaya Enterprises Pvt. Ltd, Hyderabad. prescribed Form No.1 & 2 and received Form(s)-3 in tune thereto, which are placed on record and therefore, requested the Bench to permit to withdraw these appeals of the assessee.

3.

Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeals of the assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and received Form(s)-3 in tune thereto, with a rider that it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 these cases, if the settlement benefit under the scheme is denied to it for technical reasons.

4.

In the result, assessee’s appeal is dismissed in above terms. Pronounced in the open court on 26th April, 2021.

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