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

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ITA 2073/HYD/2018Status: DisposedITAT Hyderabad19 April 2021AY 2009-103 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 the assessee had opted for the Vivad Se Viswas scheme. However, liberty was granted to the Revenue to seek reinstatement if the scheme's benefit was not accepted for the assessee.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2009-10. The assessee opted for the Vivad Se Viswas scheme and filed the necessary forms, which were accepted by the Revenue.

What were the issues?

Whether the Revenue's appeal should be dismissed due to the assessee opting for the Vivad Se Viswas scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 250(6)

AI-generated summary — verify with the full judgment below

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

For Appellant: Shri K.C. Devdas
For Respondent: Shri Sunil Kumar Pandey, DR
Hearing: 08/04/2021Pronounced: 19/04/2021

This appeal is filed by the Revenue against the order of the Ld. CIT(A)-5, Hyderabad in appeal No. 0141/2015-16/CIT(A)-5, dated 21/08/2018 passed U/s. 143(3) r.w.s 147 and U/s. 250(6) of the Act for the A.Y. 2009-10.

2.

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.

3.

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.

4.

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.

5.

In the result, appeal of the Revenue is dismissed.

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

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