INTERNATIONAL OUTREACH,SECUNDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), HYDERABAD
What did the Tribunal hold?
The Tribunal held that keeping the appeals pending until the settlement scheme is finalized would serve no purpose. Therefore, the appeals were dismissed as withdrawn.
What were the facts?
The assessee filed appeals for AY 2014-15, which suffered from a delay that was condoned. The assessee had also applied for settlement under the 'Direct Tax Vivad Se Viswas Scheme-2020'.
What were the issues?
The primary issue was whether the appeals should be kept pending or dismissed as withdrawn given the assessee's application for settlement under the Vivad Se Viswas Scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, HYDERABAD BENCHES “B” : HYDERABAD
Before: SHRI S.S.GODARA & SHRI LAXMI PRASAD SAHU
For Assessee : Shri A.V.Raghuram for Shri S.Rama Rao, AR For Revenue : Shri Rohit Mujumdar, DR Date of Hearing : 09-02-2021 Date of Pronouncement : 24-02-2021 O R D E R PER BENCH :
These two assessee’s appeals for AY.2014-15 are directed against the CIT(A)–11, Hyderabad’s orders dated 01-11-2017 passed in appeal Nos.0367/2016-17/CIT(A)-11 & 014/2016- 17/CIT(A)-11; respectively.
At the outset, we notice that both these assessee’s appeals suffer from identical delay of 104 days as attributable to its charman’s foreign visits followed by his ill-health as per the condonation petition/affidavit dt.19-08-2017. All this sufficiently indicates that the impugned delay is attributable to circumstances beyond assessee’s control. The same stands condoned.
:- 2 -: & 903/Hyd/2018
We are next informed during the course of hearing from the assessee side that although it has filed for settlement benefit under the ‘Direct Tax Vivad Se Viswas Scheme-2020’ by way of Form No.1 & 2 but Form(s)-3 is yet to be issued from the department side in view thereof.
The assessee’s sole identical plea in both these appeals therefore is that since the department is yet to finalise its settlement pleas, these appeals may not be dismissed as withdrawn as on date. We find no merit in assessee’s above stated contention per se. The fact remains that the assessee has already filed for settlement benefit and therefore, no purpose would be served if both these appeals are kept pending till the time the above stated settlement scheme is in operation. We dismiss both the appeals as withdrawn and further make it clear that it shall be open for the assessee to file for revival of its corresponding cases if the settlement benefit is denied to it for technical reasons. Ordered accordingly.
These two assessee’s appeals are dismissed as withdrawn in above terms. A copy of this common order be placed in the respective case files.
Order pronounced in the open court on 24th February, 2021
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