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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: 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”.
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.
Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeal of the Revenue as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and received Form(s)-3 in tune thereto, with a rider that it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.
In the result, Revenue’s appeal is dismissed in above terms. Pronounced in the open court on 5th April, 2021.