LAHARI CHETHI REDDY,HYDERABAD vs. INCOME TAX OFFICER, WARD-15(1), HYDERABAD

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ITA 1202/HYD/2019Status: 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The Tribunal dismissed the appeals as withdrawn, acknowledging the assessee's decision to participate in the Vivad Se Viswas Scheme. The assessee was granted liberty to seek reinstatement if the scheme was not accepted.

What were the facts?

The assessee appealed against orders related to penalties under Sections 271A and 271B of the Income Tax Act. The assessee had opted to avail the Direct Tax Vivad Se Viswas Scheme-2020.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Viswas Scheme.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 271A,Section 271B

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: 17/02/2021Pronounced: 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) - 7, Hyderabad’s separate orders, dated 03/072018 involving proceedings u/s 271A & 271B of the Income Tax Act, 1961 ; in short “the Act”.

:- 2 -: & 1202/Hyd/19 Lahari Chethi Reddy, 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Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeals of the assessee as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and is awaiting to receive Form-3 from the Revenue. Accordingly, we hereby dismiss the appeals of the assessee as withdrawn.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 -: & 1202/Hyd/19 Lahari Chethi Reddy, 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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