THE SINGARENI CO-OPERATIVE CENTRAL STORES LIMITED,KOTHAGUDEM vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, KHAMMAM

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ITA 779/HYD/2019Status: DisposedITAT Hyderabad02 March 2021AY 2009-103 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The Tribunal dismissed the appeals as withdrawn, stating that keeping them pending would serve no purpose as the settlement process was underway. The assessee was given the liberty to revive the cases if the settlement benefit was denied.

What were the facts?

The assessee filed appeals for multiple assessment years. The assessee had also applied for settlement under the Direct Tax Vivad Se Viswas Scheme-2020, but the department had not yet issued the necessary forms for finalization.

What were the issues?

Whether appeals should be kept pending when the assessee has applied for a settlement scheme and the department has not yet finalized it.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “SMC”, HYDERABAD

Before: SHRI S.S.GODARA

For Assessee : Shri M.V.Anil Kumar, AR For Revenue : Smt. N.Swapna, DR Date of Hearing : 25-02-2021 Date of Pronouncement : 02-03-2021 O R D E R These four assessee’s appeals for AYs.2008-09, 2009-10, 2010-11 & 2011-12 are directed against the CIT(A)–7, Hyderabad’s order(s) dated 28-02-2019 passed in appeal Nos.0147, 0146, 0145 & 0144/CIT(A)-7/2016-17 involving proceedings u/s. 143(3) r.ws.147of the Income Tax Act, 1961 [in short, ‘the Act’] ; respectively.

2.

At the outset, I am informed during the course of hearing from the assessee’s side that although it has filed for settlement benefit under the ‘Direct Tax Vivad Se Viswas Scheme-2020’ by way of Form Nos.1 & 2 but Form(s)-3 is yet to be issued from the department side in view thereof.

3.

The assessee’s sole identical plea in these cases therefore is that since the department is yet to finalise its settlement pleas, these appeals may not be dismissed as withdrawn as on :- 2 -: 779, 780 & 781/Hyd/2019 date. I find no merit in assessee’s above stated contention per se. The fact remains that the assessee has already filed for settlement benefit and therefore, no purpose would be served if these appeals are kept pending till the time the above stated settlement scheme is in operation. I dismiss these appeals as withdrawn and further make it clear that it shall be open for the assessee to file for revival of its corresponding cases if the settlement benefit is denied to it for technical reasons. Ordered accordingly.

4.

These assessee’s appeals are dismissed as withdrawn in above terms. A copy of this common order be placed in the respective case files.

Order pronounced in the open court on 2nd March, 2021

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