VENKAT HOMES PRIVATE LIMITED,HYDERABAD vs. INCOME TAX OFFICER, WARD-17(3), HYDERABAD

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ITA 1575/HYD/2018Status: DisposedITAT Hyderabad25 February 2021AY 2012-133 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal held that since Form(s)-3 under the Vivad Se Viswas Scheme has been issued, there is no purpose in keeping the appeal pending. The appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against an order under Section 271(1)(c) of the Income Tax Act. Subsequently, the assessee applied for settlement under the Direct Tax Vivad Se Viswas Scheme-2020 and was issued Form(s)-3.

What were the issues?

Whether an appeal should be dismissed as withdrawn when the assessee has applied for and been issued forms under the Vivad Se Viswas Scheme.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

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

Before: SHRI S.S.GODARA & SHRI LAXMI PRASAD SAHU

O R D E R PER BENCH :

This assessee’s appeal for AY.2012-13 arises from the CIT(A)-5, Hyderabad’s order dated 06-06-2018 passed in appeal No.0314/2017-18/CIT(A)-5, in proceedings u/s. 271(1)(c) of the Income Tax Act, 1961 [in short, ‘the Act’].

2.

At the outset, we are informed during the course of hearing 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; also stand issued.

3.

The assessee’s sole identical plea in this case is that since the department is yet to finalise the settlement in tune with Form(s)-3 issued under the scheme, this appeal may not be dismissed as withdrawn as on date. We find no merit in assessee’s contentions per se. The fact remains that the assessee has already been issued Form(s)-3, no purpose would be served if this case is kept pending. We therefore order that this appeal be treated as dismissed as withdrawn with a rider that it shall be very much open for the assessee to file for revival of this case, if the settlement benefit under the scheme is denied to it for technical reasons.

4.

This assessee’s appeal is dismissed as withdrawn in above terms.

Order pronounced in the open court on 25th February, 2021

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