THE CITIZEN COOP.SOCIETY LIMITED,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-9(1), HYDERABAD

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ITA 669/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The Tribunal dismissed the assessee's appeal as withdrawn, acknowledging the assessee's decision to participate in the Vivad-se-Vishwas Scheme. The assessee was granted liberty to seek reinstatement if the scheme's acceptance by the Revenue failed.

What were the facts?

The assessee wished to withdraw its appeal before the ITAT as it had opted to avail the 'Vivad Se Viswas' scheme. The assessee had filed the necessary forms, and the Revenue did not object to the withdrawal.

What were the issues?

The primary issue was whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Viswas scheme.

Which sections of the Income-tax Act were involved?

Section 250(6),Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

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

For Respondent: Ms. Komali Krishna
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 The Citizen Coop. Society Vs. Asst. Commissioner of Limited, Income Tax, Hyderabad. Circle-9(1), PAN: AAAAT 3952 F Hyderabad. (Respondent) Assessee by: None Revenue by: Ms. Komali Krishna 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)-7, Hyderabad in appeal No. 074/CIT(A)-7/2018-19, dated 26/10/2017 passed U/s. 143(3) r.w.s 263 and U/s. 250(6) of the Act for the AY: 2013-14.

2.

At the time of hearing, none appeared before us on behalf of the assessee to represent its case. On perusing the appeal papers, from the record we find from the letter of Ld.AR that the assessee desires to withdraw its appeal as the assessee has opted to avail ‘Vivad Se Viswas’ scheme. It was further noticed that the assessee had filed Form No.1 & 2 and had also received Form-3 from the Revenue.

3.

The Ld. DR has no objection to dismiss the appeal of the assessee as withdrawn.

4.

Having regard to the facts and circumstances of the case and the material available on record, We are of the view that the appeal of the assessee is deserved to be dismissed as withdrawn as the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Forms No.1, 2 and Form No.3 has also been received from the Revenue. The Ld. DR has also conceded to the request of the assessee on this regard. 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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