SBPL INTRASTRUCTURE LTD., HYD,HYDERABAD vs. ACIT, CIRCLE-3(1), HYDERABAD, HYDERABAD

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ITA 1121/HYD/2016Status: DisposedITAT Hyderabad25 February 2021AY 2001-023 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The Tribunal allowed the withdrawal of the appeal, dismissing it as withdrawn. It clarified that the assessee can seek reinstatement if their case is not accepted under the Vivad-Se-Viswas scheme.

What were the facts?

The assessee filed an appeal for AY 2001-02. The assessee requested to withdraw the appeal as they opted to avail the 'Direct Tax Vivad Se Viswas Scheme-2020'.

What were the issues?

The primary issue was whether the assessee's appeal could be withdrawn due to opting for a tax settlement scheme.

Which sections of the Income-tax Act were involved?

Section 254

AI-generated summary — verify with the full judgment below

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

Before: SHRI SATBEER SINGH GODARA & SHRI LAXMI PRASAD SAHU

For Appellant: Shri S. Rama Rao
For Respondent: Shri Rohit Mujumdar
Hearing: 15/02/2021Pronounced: 25/02/2021

O R D E R PER BENCH: This assessee’s appeal for AY 2001-02 is directed against the CIT(A) - 3, Hyderabad’s order, dated 09/05/2016 passed in case No. 261/AC 3(1)/CIT(A)– 3/2011-12 involving proceedings u/s 144 rws 254 of the Income Tax Act, 1961 ; in short “the Act”.

:- 2 -: SBPL Infrastructure Ltd., Hyd.

2.

At the outset, ld. counsel for the assessee requested the Bench for permission to withdraw assessee’s appeal as the assessee has opted to avail ‘Direct Tax Vivad Se Viswas Scheme-2020’ and had filed Form No. 1 & 2 and Form 3 is awaiting to receive from the Revenue.

3.

Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeal of the assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and Form-3 is awaiting to receive from the Revenue. Accordingly, we hereby dismiss the appeal of the assessee as withdrawn. 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 assessee shall be at liberty to file Miscellaneous Petitions before the Tribunal within the time limit prescribed under the Act to reinstate its appeal.

:- 3 -: SBPL Infrastructure Ltd., Hyd.

4.

In the result, assessee’s appeal is dismissed in above terms. Pronounced in the open court on 25th February, 2021.

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