ANJANI PROTLAND CEMENT LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), HYDERABAD

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ITA 1982/HYD/2018Status: DisposedITAT Hyderabad24 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The Tribunal dismissed the assessee's appeal as withdrawn, acknowledging the assessee's decision to avail the Vivad-se-Vishwas Scheme.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 opted for the Direct Tax Vivad Se Viswas Scheme-2020 and filed the necessary forms. The appeal was pending before the tribunal.

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The primary issue was whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Viswas Scheme.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 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 CV Narasimham
For Respondent: Shri Rohit Mujumdar
Hearing: 17/02/2021Pronounced: 24/02/2021

O R D E R PER BENCH: This assessee’s appeal for AY 2014-15 is directed against the CIT(A) - 1, Hyderabad’s order dated, 11/06/2018 passed in case No. 0236/CIT(A)–1/2016- 17/2018-19 involving proceedings u/s 143(3) of the Income Tax Act, 1961 ; in short “the Act”.

:- 2 -: Anjani Portland Cement Ltd., Hyd.

2.

At the outset, the ld. counsel for the assessee submitted that the assessee has 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Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeal of the assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and is awaiting to receive Form-3 from the Revenue. Accordingly, we hereby dismiss the appeal of the assessee as withdrawn.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 Petition before the Tribunal within the time limit prescribed under the Act to reinstate its appeal.

:- 3 -: Anjani Portland Cement Ltd., Hyd.

4.

In the result, assessee’s appeal is dismissed in above terms. Pronounced in the open court on 24th February, 2021.

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