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Income Tax Appellate Tribunal, HYDERABAD BENCHES “A / B”: HYDERABAD
Before: HON’BLE JUSTICE SHRI P.P. BHATT & SHRI A. MOHAN ALANKAMONY
This appeal is field by the Revenue against the order of the Ld. CIT(A)-7, Hyderabad in appeal No. 0176/CIT(A)/17-18, dated 1/3/2019 passe U/s. 143(3) r.w.s 147 and U/s. 250(6) of the Act for the A.Y. 2012-13.
At the time of hearing the appeal none appeared before us to present the case of the assessee. However, the assessee has filed a letter dated 26/02/2021 stating that he has opted to avail ‘Vivad Se Viswas’
2 scheme and have filed form 1 & 2 before the Revenue and the Revenue has also issued form 3 to the assessee. It was therefore pleaded, that the instant appeal of the Revenue may be dismissed.
The Ld. DR submitted before us that the Department has no objection if the assessee desires to opt Vivad-se-Vishwas Scheme. He further submitted that if the appeal of the Revenue is dismissed then liberty may be granted to reinstate the appeal if the application filed by the assessee for availing the benefit under Vivad-se-Vishwas scheme is not accepted by the Revenue subsequently.
Having regard to the facts and circumstances of the case, We are inclined to dismiss the appeal of the Revenue since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and also received Form-3 from the Revenue. Accordingly, We hereby dismiss the instant appeal of the Revenue. However, We also make it clear that, if the assessee’s case is not accepted in the Vivad-Se-Viswas scheme by the Revenue for whatsoever may be the reason, then the Revenue, as requested by the Ld. D.R, shall be at liberty to file Miscellaneous Petition before the Tribunal within the time limit
3 prescribed under the Act to reinstate its appeal. It is ordered accordingly.
In the result, appeal of the Revenue is dismissed.
Order pronounced in the open court on 31st March, 2021.