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Income Tax Appellate Tribunal, HYDERABAD BENCHES “B”: HYDERABAD
Before: SHRI SATBEER SINGH GODARA & SHRI LAXMI PRASAD SAHU
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.
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.
Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeal of the assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and Form-3 is awaiting to receive from the Revenue. Accordingly, we hereby dismiss the appeal of the assessee as withdrawn.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.
In the result, assessee’s appeal is dismissed in above terms. Pronounced in the open court on 25th February, 2021.