MANDAVA HOLDINGS PRIVATE LIMITED,HYDERABAD vs. INCOME TAX OFFICER, WARD-16(1), HYDERABAD

PDF · subscribers
ITA 1414/HYD/2017Status: DisposedITAT Hyderabad25 February 2021AY 2011-123 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The Tribunal allowed the assessee's appeal to be withdrawn, acknowledging the assessee's decision to opt for the Vivad Se Viswas Scheme. The appeal was dismissed as withdrawn, with a liberty to reinstate if the scheme application was rejected.

What were the facts?

The assessee desired to withdraw its appeal before the ITAT as it had opted to avail the 'Vivad Se Viswas' scheme. The assessee had filed the necessary forms and was awaiting further confirmation from the Revenue.

What were the issues?

The primary issue was whether the assessee's appeal should be withdrawn due to opting for the Vivad Se Viswas scheme.

Which sections of the Income-tax Act were involved?

None mentioned

AI-generated summary — verify with the full judgment below

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

For Appellant: Shri A.V. Raghuram
For Respondent: Shri Sunil Kumar Pandey, DR
Hearing: 17/02/2021Pronounced: 25/02/2021

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH “A”, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER M/s. Mandava Holdings Vs. Income Tax Officer, Private Limited, Ward-16(1), Hyderabad – 500 034. Hyderabad. PAN: AAFCM 4964 M (Appellant) (Respondent) Assessee by: Shri A.V. Raghuram Revenue by: Shri Sunil Kumar Pandey, DR Date of hearing: 17/02/2021 Date of pronouncement: 25/02/2021 ORDER PER A. MOHAN ALANKAMONY, AM.:

This appeal is filed by the assessee against the order of the Ld. CIT (A)-4, Hyderabad in appeal No. 067/14-15/ITO, Wd-16(1)/CIT(A)- 4/Hyd/16-17, dated 3/5/2017 passed U/s. 143(3) r.w.s 250(6) of the Act for the AY: 2011-12.

2.

At the outset, Ld.AR submitted before us that the assessee desires to withdraw its appeal as the assessee has opted to avail ‘Vivad Se Viswas’ scheme. He further submitted that the assessee had filed Form No.1 & 2 and is awaiting to receive Form-3 from the Revenue. It was therefore pleaded, that the appeal of the assessee may be allowed to be withdrawn.

3.

The Ld. DR conceded to the request of the Ld.AR.

4.

Having heard both the parties through video conference, We are inclined to allow the appeal of the assessee to be withdrawn yielding to the prayer of the Ld. AR as the assessee has preferred to avail the Vivad- se-Vishwas Scheme by filing Form No.1 & 2. The Ld. DR has also conceded to the request of the Ld. AR. 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 the assessee shall be at liberty to file a Miscellaneous Petition before the Tribunal within the time limit prescribed under the Act to reinstate the appeal. It is ordered accordingly.

5.

In the result, appeal of the assessee is dismissed as withdrawn.

Pronounced in the open Court on the 25th February, 2021.

Recent GST High Court judgments

Search GST case law →