DY. COMMISSIONER OF INCOME TAX , CIRCLE-17(1), HYDERABAD vs. FORTUNE INFRA DEVELOPERS PRIVATE LIMITED , HYDERABAD

At the outset, Ld. AR submitted before us that the assessee has opted to avail ‘Vivad Se Viswas’ scheme in the appeal of the Revenue. The Ld. AR further submitted that the assessee had filed Form No.1 & 2 and also received Form-3 from the Revenue. It was therefore pleaded, that the instant appeal of the Revenue may be dismissed.

The Ld. DR submitted before us that the Department has no objection if the assessee desires to opt Vivad-se-Vishwas Scheme. He further submitted that if the appeal of the Revenue is dismissed then liberty may be granted to reinstate the present appeal of the Revenue if the application filed by the assessee for availing the benefit under Vivad- se-Vishwas scheme is not accepted by the Revenue subsequently.

Having regard to the facts and circumstances of the case, We are inclined to dismiss the appeal of the Revenue since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and also received Form-3 from the Revenue. Accordingly, We hereby dismiss the instant appeal of the Revenue. However, We also make it clear that, if the assessee’s case is not accepted in the Vivad-Se-Viswas scheme by the Revenue for whatsoever may be the reason, then the Revenue, as requested by the Ld. D.R, 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 Revenue is dismissed.