INCOME TAX OFFICER, WARD-1, KHAMMAM vs. MATCHA VENKATESHWARA RAO, KHAMMAM

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ITA 1558/HYD/2017Status: DisposedITAT Hyderabad22 February 2021AY 2009-104 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal as withdrawn because the assessee had opted for the Vivad-se-Vishwas Scheme. The Tribunal also clarified that the Revenue could seek reinstatement of the appeal if the assessee's case was not accepted under the scheme.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A) concerning assessment year 2009-10. The assessee had opted to avail the Direct Tax Vivad Se Viswas Scheme-2020 and filed the necessary forms.

What were the issues?

Whether the Revenue's appeal should be dismissed as withdrawn due to the assessee opting for the Vivad-se-Vishwas Scheme.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 143(3),Section 263

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 S. Rama Rao
For Respondent: Shri Rohit Mujumdar, Shri S. Rama Rao
Hearing: 10/02/2021Pronounced: 22/02/2021

O R D E R PER BENCH: This Revenue appeal for AY 2009-10 is directed against the CIT(A) - 7, Hyderabad’s order dated, 30/05/2017 passed in case No. 323/CIT(A)–7/2014-15 involving proceedings u/s 143(3) rws 263 of the Income Tax Act, 1961 ; in short “the Act”.

:- 2 -: Matcha Venkateswara Rao, Khammam

2.

On perusal of record, we find from the letter filed by the assessee dated 05/02/201 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Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeal of the Revenue as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and is awaiting to receive Form-3 from the Revenue. Accordingly, we hereby dismiss the appeal of the Revenue as withdrawn.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 Revenue shall be at liberty to file Miscellaneous Petition before the Tribunal within the time limit prescribed under the Act to reinstate its appeal.

:- 3 -: Matcha Venkateswara Rao, Khammam

4.

In the result, Revenue appeal is dismissed in above terms. Pronounced in the open court on 22nd February, 2021.

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