AGARVANSHI HOUSING PRIVATE LIMITED,SECUNDERABAD vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), HYDERABAD

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ITA 1937/HYD/2018Status: DisposedITAT Hyderabad25 February 2021AY 2013-143 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The Tribunal dismissed the assessee's appeal as withdrawn because the assessee chose to avail the Vivad-se-Vishwas Scheme. The assessee retains the liberty to seek reinstatement if the scheme is not accepted.

What were the facts?

The assessee filed an appeal for AY 2013-14. The assessee subsequently opted to avail the 'Direct Tax Vivad Se Viswas Scheme-2020' and filed necessary forms.

What were the issues?

The primary issue was whether the appeal should be dismissed as withdrawn due to the assessee opting for a settlement scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

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 M.V. Anil Kumar
For Respondent: Shri Rohit Mujumdar
Hearing: 15/02/2021Pronounced: 25/02/2021

PER BENCH: This assessee’s appeal for AY 2013-14 is directed against the CIT(A) - 1, Hyderabad’s order, dated 09/07/2018 passed in case No. 0105/CIT(A) – 1/2017- 18/2018-19 involving proceedings u/s 143(3) rws 147 of the Income Tax Act, 1961 ; in short “the Act”.

:- 2 -: ITA No. 1937/Hyd/18 Agarvanshi Housing Pvt. Ltd., Sec’bad.

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Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeal of the assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and Form-3 is awaiting to receive from the Revenue. Accordingly, we hereby dismiss the appeal of the assessee as withdrawn.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 -: ITA No. 1937/Hyd/18 Agarvanshi Housing Pvt. Ltd., Sec’bad.

4.

In the result, assessee’s appeal is dismissed in above terms. Pronounced in the open court on 25th February, 2021. (S.S. GODARA) ACCOUNTANT MEMBER

Hyderabad, Dated: 25th February, 2021. kv copy to : 1 Agarvanshi Housing Pvt. Ltd., C/o. M. Anandam & Co., CAs, Flat No. 7A, Surya Towers, Road, Secunderabad – 500 003. 2 Dy. Commissioner of Income-tax, Central Circle – 1(1), Hyderabad. 3 CIT(A) - 1, Hyderabad Pr. CIT - 1, Hyderabad 4 ITAT, DR, Hyderabad. 5 6 Guard File.

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