RAMESH CHAND (HUF),HYDERABAD vs. INCOME TAX OFFICER, WARD-8(2), HYDERABAD

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ITA 822/HYD/2019Status: DisposedITAT Hyderabad25 February 2021AY 2015-164 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The Tribunal allowed the withdrawal of the appeals, dismissing them as withdrawn. It clarified that if the scheme is not accepted by the Revenue, the assessees can file miscellaneous petitions to reinstate their appeals.

What were the facts?

The assessees' appeals for AY 2015-16 were filed against orders under Section 143(3). The assessees requested to withdraw their appeals as they had opted to avail the Direct Tax Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was the assessee's request to withdraw their appeals due to opting for the Vivad Se Vishwas Scheme.

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 “B”: HYDERABAD

Before: SHRI SATBEER SINGH GODARA & SHRI LAXMI PRASAD SAHU

For Appellant: Shri Sashank Dundu for Shri K.A. Sai Prasad
For Respondent: Shri Rohit Mujumdar
Hearing: 08/02/2021Pronounced: 24/02/2021

O R D E R PER BENCH: These are assessees’ appeals for AY 2015-16 directed against the CIT(A) - 1, Hyderabad’s separate orders, dated

:- 2 -: 820 & 822/Hyd/19 Shri Ajay Kumar (HUF) and others, Hyd.

22/01/2018 involving proceedings u/s 143(3) of the Income Tax Act, 1961 ; in short “the Act”.

2.

At the outset, ld. counsel for the assessee requested the Bench for permission to withdraw assessees’ appeals as the assessees’ have opted to avail ‘Direct Tax Vivad Se Viswas Scheme-2020’ and had filed Form No. 1 & 2 and is awaiting to receive Form 3 from the revenue.

3.

Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeals of the assessees’ as withdrawn since the assessees’ have preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and is awaiting to receive Form-3 from the Revenue. Accordingly, we hereby dismiss the appeals of the assessees’ as withdrawn. However, we also make it clear that, if the assessees’ cases are 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

:- 3 -: 820 & 822/Hyd/19 Shri Ajay Kumar (HUF) and others, Hyd.

Miscellaneous Petitions before the Tribunal within the time limit prescribed under the Act to reinstate their appeals.

4.

In the result, assessees’ appeals are dismissed in above terms. Pronounced in the open court on 24th February, 2021.

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