NARSINGA REDDY TOUTIREDDY,WARANGAL vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, WARANGAL

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ITA 703/HYD/2018Status: DisposedITAT Hyderabad24 February 2021AY 2008-093 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 the appeals as they had opted for the Vivad Se Vishwas Scheme. The assessee was granted liberty to refile the appeals if their case was not accepted under the scheme.

What were the facts?

The assessee filed appeals against orders under Section 271(1)(c) of the Income Tax Act. The assessee had opted to avail the 'Direct Tax Vivad Se Vishwas Scheme-2020'.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

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 two assessee’s appeals for AY 2009-10 & 2008- 09 are directed against the CIT(A) - 3, Hyderabad’s separate orders, dated 29/01/2018 & 30/01/2018 involving proceedings u/s 271(1)(c) of the Income Tax Act, 1961 ; in short “the Act”.

:- 2 -: & 703/Hyd/18 Shri Narsing Reddy Toutireddy

2.

At the outset, ld. counsel for the assessee requested the Bench for permission to withdraw assessee’s appeals as 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Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeals of the assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and is awaiting to receive Form-3 from the Revenue. Accordingly, we hereby dismiss the appeals of the assessee as withdrawn. However, we also make it clear that, if the assessee's 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 Miscellaneous Petitions before the Tribunal within the time limit prescribed under the Act to reinstate his appeals.

:- 3 -: & 703/Hyd/18 Shri Narsing Reddy Toutireddy

4.

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

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