DY.COMMISSIONER OF INCOME TAX, CIRCLE-2(2), HYDERABAD vs. HYDERABAD GALVANIZING PRIVATE LINITED, HYDERABAD

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ITA 1573/HYD/2017Status: DisposedITAT Hyderabad25 February 2021AY 2013-143 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The tribunal was requested by the Revenue to withdraw the appeal as the assessee had opted for the settlement scheme. The appeal was dismissed as withdrawn with a condition for revival if the settlement benefit was denied.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2013-14. During the hearing, the Revenue informed the tribunal that the assessee had applied for settlement under the Direct Tax Vivad Se Vishwas Scheme-2020.

What were the issues?

Whether the Revenue's appeal should be withdrawn due to the assessee's application for settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3)

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 Sashank Dundu for Shri K.A. Sai Prasad
For Respondent: Shri Rohit Mujumdar, Shri Sashank Dundu for Shri K.A. Sai Prasad
Hearing: 08/02/2021Pronounced: 25/02/2021

O R D E R PER BENCH: This Revenue’s appeal for AY 2013-14 is directed against the CIT(A) - 2, Hyderabad’s order dated, 20/06/2017 passed in appeal No. 0140/2016-17 involving proceedings u/s 143(3) of the Income Tax Act, 1961 ; in short “the Act”.

:- 2 -: M/s Hyderabad Galvanizing Pvt. Ltd.

2.

At the outset, we are informed during the course of hearing from the Revenue side that the 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; is awaiting to receive from Revenue and, therefore requested to withdraw this appeal. We therefore order that this appeal be treated as dismissed as withdrawn with a rider that it shall be very much open for the Revenue to file for revival of this case, if the settlement benefit under the scheme is denied to the assessee for technical reasons.

3.

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

Sd/- Sd/- (S.S. GODARA) (LAXMI PRASAD SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated: 25th February, 2021. kv

:- 3 -: M/s Hyderabad Galvanizing Pvt. Ltd.

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