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Income Tax Appellate Tribunal, HYDERABAD BENCHES “A”: HYDERABAD
Before: SHRI SATBEER SINGH GODARA & LAXMI PRASAD SAHU
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”.
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.
Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeals of the assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and received Form(s)-3 in tune thereto, with a rider that it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.
In the result, assessee’s appeal is dismissed in above terms. Pronounced in the open court on 26th April, 2021.