SWARNALATHA AMUMALASETTY,HYDERABAD vs. INCOME TAX OFFICER, WARD-4(5), HYDERABAD

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ITA 1204/HYD/2019Status: DisposedITAT Hyderabad05 April 2021AY 2015-163 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 allowed the assessee to withdraw the appeal as they had opted for the Vivad-se-Vishwas Scheme. The withdrawal is subject to the condition that the assessee can seek revival if the settlement benefit is denied for technical reasons.

What were the facts?

The assessee filed an appeal for AY 2015-16. The assessee subsequently opted for the Direct Tax Vivad Se Viswas Scheme-2020 and received the necessary forms.

What were the issues?

The primary issue was whether the appeal should be withdrawn due to the assessee's participation in the Vivad Se Viswas Scheme.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

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: Smt. S. Sandhya
For Respondent: Shri Sunil Kumar Pandey
Hearing: 26/03/2021Pronounced: 05/04/2021

O R D E R PER BENCH: This appeal filed by the assessee for AY 2015-16 is directed against CIT(A) - 1, Hyderabad’s order dated 24/04/2019 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 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

:- 2 -: Swarnalatha Anumalasetty, Hyderabad. thereto, which is placed on record and therefore, requested the Bench to permit to withdraw this appeal of the assessee.

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Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeal of the assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and received Form(s)-3 in tune thereto, with a rider that it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

4.

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

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