SPI CINEMA PRIVATE LIMITED,NELLORE vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-14(1), HYDERABAD

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ITA 1058/HYD/2019Status: 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 noted that the assessee was pursuing settlement under the Vivad Se Viswas Scheme. Consequently, the appeal was dismissed as not pressed, with liberty to revive if settlement benefits are denied.

What were the facts?

The assessee filed an appeal for AY 2013-14 against the CIT(A)'s order. The assessee subsequently filed for settlement under the Direct Tax Vivad Se Viswas Scheme-2020.

What were the issues?

Whether the appeal should be kept pending when the assessee is pursuing settlement under a scheme, and the appropriate course of action for the tribunal.

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 “A” : HYDERABAD

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

For Assessee : NONE For Revenue : Shri Sunil Kumar Pandey, DR Date of Hearing : 03-02-2021 Date of Pronouncement : 25-02-2021 O R D E R PER BENCH :

This assessee’s appeal for AY.2013-14 is directed against the CIT(A)–6, Hyderabad’s order dated 20-03-2019 passed in appeal No.0040/2016-17/A3/CIT(A)-6 in proceedings u/s. 143(3) of the Income Tax Act, 1961 [in short, ‘the Act’]. None appeared at assessee’s behest.

2.

At the outset, we notice from a perusal of the last order dt.04-01-2021 that the assessee is filing for settlement benefit under the ‘Direct Tax Vivad Se Viswas Scheme-2020’ by way of Forms No.1 & 2. We find no merit in assessee’s instant appeal at this stage per se. Since no purpose would be served if this appeal is kept pending till the time the above stated settlement scheme is in operation. We dismiss this appeal as of now as not pressed and further make it clear that it shall be open for the assessee to file for revival of its corresponding case if the settlement benefit is denied to it for technical reasons. Ordered accordingly.

3.

This assessee’s appeal is dismissed as not pressed in above terms.

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

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