HYDERABAD MUTUAL BENEFIT SOCIETY, HYDERABAD,HYDERABAD vs. ITO, WARD-5(3), HYDERABAD, HYDERABAD

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ITA 694/HYD/2017Status: DisposedITAT Hyderabad07 April 2021AY 2013-143 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 appeal as it had opted for the Vivad-se-Vishwas Scheme. The withdrawal is subject to the condition that the assessee can seek revival of the case if the settlement benefit is denied for technical reasons.

What were the facts?

The assessee filed an appeal for AY 2013-14. The assessee subsequently opted to avail the benefit under the 'Direct Tax Vivad Se Viswas Scheme-2020' and received the necessary forms.

What were the issues?

Whether the appeal should be withdrawn due to the assessee opting for the Vivad-se-Vishwas Scheme.

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: SMT. P. MADHAVI DEVI & LAXMI PRASAD SAHU

For Appellant: Shri B. Satyanarayana
For Respondent: Shri Sunil Kumar Pandey
Hearing: 06/04/2021Pronounced: 07/04/2021

O R D E R PER L.P. SAHU, A.M.: This appeal filed by the assessee for AY 2013-14 is directed against CIT(A) - 10, Hyderabad’s order dated 11/11/2016 involving proceedings u/s 143(3) of the Income Tax Act, 1961 ; in short “the Act”.

2.

At the outset, the ld. counsel for the assessee submitted that that the assessee has opted to avail the benefit under the ‘Direct Tax Vivad Se Viswas Scheme-2020’

:- 2 -: Hyderabad Mutual Benefit Society, Hyd. in prescribed Form No.1 & 2 and received Form(s)-3 in tune thereto, and therefore, requested the Bench to permit to withdraw this appeal of the assessee. In this connection, he referred his letter dated 05/04/2021, which has been sent by email to official email address of ITAT, which is placed on record.

3.

Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeal of the assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and received Form(s)-3 in tune thereto, with a rider that it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 this case, 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 7th April, 2021.

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