FIMA PROPERTIES PRIVATE LIMITED,HYDERABAD vs. INCOME TAX OFFICER, WARD-17(2), HYDERABAD

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ITA 81/HYD/2018Status: DisposedITAT Hyderabad25 February 2021AY 2014-153 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 to withdraw its appeal as the assessee had opted for the Vivad se Vishwas scheme and the Revenue had no objection. The assessee was granted liberty to seek reinstatement if the scheme was not accepted.

What were the facts?

The assessee filed an appeal before the ITAT against an order of the CIT(A). During the pendency of the appeal, the assessee opted to avail the 'Vivad se Vishwas' scheme.

What were the issues?

Whether an appeal can be withdrawn by the assessee to avail the Vivad se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250(6)

AI-generated summary — verify with the full judgment below

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

For Appellant: Ms. Suvibha Nolkha
For Respondent: Shri Rohit Mujumdar, DR
Hearing: 23/02/2021Pronounced: 25/02/2021

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH “B”, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER Fima Properties Private Vs. Income Tax Officer, Limited, Ward-17(2), Hyderabad. Hyderabad. PAN: AABCF 1681 Q (Appellant) (Respondent) Assessee by: Ms. Suvibha Nolkha Revenue by: Shri Rohit Mujumdar, DR Date of hearing: 23/02/2021 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)-5, Hyderabad in appeal No. 0493/2016-17/CIT(A)-5, dated 26/10/2017 passed U/s. 143(3) r.w.s 250(6) of the Act for the AY: 2014- 15.

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 also received 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 It was therefore pleaded, that the appeal of the assessee may be allowed to be withdrawn.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Having heard both the parties through video conference, We are inclined to allow the appeal of the assessee to be withdrawn yielding to the prayer of the Ld.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 Forms No.1, 2 and Form No.3. 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.

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