DY. COMMISSIONER OF INCOME TAX, CIRCLE-16(1), HYDERABAD vs. QUIPPO CONSTRUCTION EQUIPMENT LIMITED, HYDERABAD

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ITA 854/HYD/2018Status: DisposedITAT Hyderabad18 March 2021AY 2010-113 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The Tribunal decided to dismiss the appeals of both the Revenue and the Assessee as withdrawn. This was based on the assessee's decision to avail the Vivad-se-Vishwas Scheme.

What were the facts?

The appeals were filed by the Revenue and the Assessee against orders of the CIT(A). During the hearing, it was informed that the assessee had opted for the Direct Tax Vivad Se Viswas Scheme, 2020.

What were the issues?

The primary issue was the pendency of appeals before the tribunal when the assessee opted for a settlement scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “B”: HYDERABAD

Before: SHRI SATBEER SINGH GODARA & LAXMI PRASAD SAHU

For Appellant: Shri Navin Pakheera
For Respondent: Shri YVST Sai, Shri Navin Pakheera
Hearing: 15/03/2021Pronounced: 18/03/2021

O R D E R PER BENCH: These two Revenue’s appeals & 855/Hyd/2018 for AYs 2010-11 & 2011-12 are directed against the CIT(A) - 4, Hyderabad’s orders, both, dated 12/02/2018. Assessee’s appeal ITA No. 1056/Hyd/2017 for AY 2009-10 is directed against the CIT(A) – 4, Hyderabad’s order dated 23/03/2017.

:- 2 -: Quippo Construction Equipment Ltd., Hyd.

2.

At the outset, we are informed during the course of hearing from the both the revenue as well as assessee’s side that assessee has filed for settlement benefit under the ‘Direct Tax Vivad Se Viswas Scheme-2020’ in prescribed Form No.1 & 2 and Form(s)-3 in tune thereto; also stand issued, which are placed on record.

3.

Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeals of the revenue as well as assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and Form(s)-3 in tune thereto; also stand issued, with a rider that it shall be very much open for the respective parties to file for revival of these cases, if the settlement benefit under the scheme is denied to it for technical reasons. 5. In the result, both the revenue’s appeals and assessee’s appeal are dismissed in above terms. Pronounced in the open court on 18th March, 2021.

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