What did the Tribunal hold?

The Tribunal, relying on a High Court decision, treated the appeal as withdrawn. The assessee was granted liberty to restore the appeal if their case was not accepted under the Vivad-se-Vishwas Scheme.

The assessee desired to avail the 'Vivad Se Viswas' scheme but could not file the necessary forms due to time constraints. The Revenue had no objection to the assessee availing the scheme.

What were the issues?

The primary issue was the assessee's intention to opt for the Vivad Se Viswas scheme and the consequent withdrawal of the appeal.

Conexant Systems Private Limited vs DCIT | ITAT Hyderabad 2021

Income Tax Appellate Tribunal, HYDERABAD BENCH “A”, HYDERABAD

For Appellant: Shri Karan Mehta

For Respondent: Shri Sunil Kumar Pandey, DR

Hearing: 15/04/2021Pronounced: 19/04/2021

This appeal is filed by the assessee against the order of the Ld. CIT(A)-1, Hyderabad in appeal No. 0666/CIT(a)-1/Hyd/2014-15/2016- 17, dated 26/08/2016 passed U/s.143(3) r.w.s 250(6) of the Act for the A.Y. 2005-06.

At the outset, Ld. AR submitted before us that the assessee desires to avail ‘Vivad Se Viswas’ scheme. He further submitted that the assessee could not file Form No.1 & 2 due to paucity of time, however he assured the Bench that the Form No.1&2 shall be filed shortly.

The Ld. DR submitted that if the assessee desires to avail the Vivad se Vishwas scheme the Revenue has no objection.

Having heard both the parties through video conference, We are inclined to treat the instant appeal of the assessee as withdrawn relying on the decision of the Hon’ble High Court of Madras in the case of DCIT vs. M/s. Keyaram Hotels P. Ltd in T.C.A. No. 694 of 2019, dated 13/10/2020 wherein it was held as under:-

“3. The Learned Counsel for the respondent / assessee, on instructions, submitted that the respondent / assessee intends to avail the benefit of Vivad se Vishwas scheme (VVS Scheme for brevity) and in this regard, the assessee is taking steps to file the application / declaration in form No.1. ……. …….. …… 7. As observed, the assessee is given liberty to restore this appeal in the event the ultimate decision to be taken on the declaration to be filed by the assessee under Section 4 of the said Act is not in favour of the assessee. If such a prayer is made, the Registry shall entertain the prayer without insisting upon any application to be filed for condonation of delay in restoration of the appeal and on such request made by the assessee by filing a Miscellaneous Petition for Restoration, the Registry shall place such petition before the Division Bench for orders.

In the light of the above, we direct the respondent / assessee to file Form No.1 on or before 09/11/2020 and the competent authority http://www.judis.nic.in5/6 T.C.A.No.694 of 2019.”

Accordingly, We hereby dismiss the instant appeal of the assessee for the A.Y. 2005-06 as withdrawn. However, We also make it clear that, if the assessee’s case is not accepted in the Vivad-se-Vishwas Scheme by the Revenue for whatsoever may be reason on a subsequent date, then the assessee shall be at liberty to file Miscellaneous Petition before the Tribunal within the time limit prescribed under the Act to reinstate its appeal. It is ordered accordingly.

In the result, appeal of the assessee is dismissed as withdrawn.

Pronounced in the open Court on 19th April, 2021.

CONEXANT SYSTEMS PRIVATE LIMITED, HYDERABAD,HYDERABAD vs. DCIT, CIRCLE-1(2), HYDERABAD, HYDERABAD

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