CONEXANT SYSTEMS PRIVATE LIMITED(FORMERLY KNOWN AS CONEXANT SYSTEMS (PB) PVT LTD),HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-1(2), HYDERABAD

At the outset, Ld. AR submitted before us that the assessee desires to avail ‘Vivad Se Viswas’ scheme. In this connection, he invited our attention to the letter dated 31/03/2021 addressed to ITAT, Hyderabad wherein it was stated that the assessee has filed a declaration in Form No. 1 and Form No. 2 and received Form No. 3, which is enclosed, but, the same is not available on record.

The Ld. DR submitted that if the assessee desires to avail the Vivad se Vishwas scheme, 2020 the Revenue has no objection.

Having heard both the parties, through video conference, we are inclined to treat the instant appeal of the assessee as withdrawn relying on the decision of the Hon’ble High Court of Madras in the case of DCIT vs. M/s. Keyaram Hotels P. Ltd in T.C.A. No. 694 of 2019, dated 13/10/2020 wherein it was held as under:- “3. The Learned Counsel for the respondent / assessee, on instructions, submitted that the respondent / assessee intends to avail the benefit of Vivad se Vishwas scheme (VVS Scheme for brevity) and in this regard, the assessee is taking steps to file the application / declaration in form No.1. ……. …….. ……

As observed, the assessee is given liberty to restore this appeal in the event the ultimate decision to be taken on the declaration to be filed by the assessee under Section 4 of the said Act is not in favour of the assessee. If such a prayer is made, the Registry shall entertain the prayer without insisting upon any application to be filed for condonation of delay in restoration of the appeal and on such request made by the assessee by filing a Miscellaneous Petition for Restoration, the Registry shall place such petition before the Division Bench for orders.

In the light of the above, we direct the respondent / assessee to file Form No.1 on or before 09/11/2020 and the competent authority http://www.judis.nic.in5/6 T.C.A.No.694 of 2019.” Accordingly, we hereby dismiss the instant appeal of the assessee as withdrawn.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-Vishwas Scheme by the Revenue for whatsoever may be reason on a subsequent date, then the assessee shall be at liberty to file 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, assessee’s appeal is dismissed in above terms. Pronounced in the open court on 26th April, 2021.