DCIT, CIRCLE-1(1), HYDERABAD, HYDERABAD vs. APR CONSTRUCTIONS LIMITED, HYDERABAD, HYDERABAD

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ITA 804/HYD/2017Status: DisposedITAT Hyderabad05 April 2021AY 2009-102 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal as withdrawn. This was permitted because the assessee had opted for the Vivad-se-Vishwas Scheme, with a condition that the Revenue could seek revival if the settlement benefit was denied.

What were the facts?

The Revenue filed an appeal against the assessee for AY 2009-10. The assessee subsequently opted to avail the benefit under the 'Direct Tax Vivad Se Viswas Scheme-2020'.

What were the issues?

The primary issue was whether the Revenue's appeal should be withdrawn due to the assessee's participation in the Vivad Se Viswas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263

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 H. Srinivasulu
For Respondent: Shri Sunil Kumar Pandey, Shri H. Srinivasulu
Hearing: 26/03/2021Pronounced: 05/04/2021

O R D E R PER BENCH: This appeal filed by the Revenue for AY 2009-10 is directed against CIT(A) - 1, Hyderabad’s order dated 11/01/2017 involving proceedings u/s 143(3) rws 263 of the Income Tax Act, 1961 ; in short “the Act”.

2.

At the outset, the ld. DR submitted that since the assessee has opted to avail the benefit under the ‘Direct Tax Vivad Se Viswas Scheme-2020’ in prescribed Form No.1 & 2 and received Form(s)-3 in tune thereto, which is :- 2 -: M/s APR Constructions Ltd, Hyderabad.

placed on record, requested the Bench to permit to withdraw Revenue’s appeal.

3.

Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeal of the Revenue as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and received Form(s)-3 in tune thereto, with a rider that it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

4.

In the result, Revenue’s appeal is dismissed in above terms. Pronounced in the open court on 5th April, 2021.

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