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Income Tax Appellate Tribunal, HYDERABAD BENCHES “B”: HYDERABAD
Before: SHRI SATBEER SINGH GODARA & SHRI LAXMI PRASAD SAHU
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
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.
Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeal of the Revenue as withdrawn since the assessee has preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1 & 2 and is awaiting to receive Form-3 from the Revenue. Accordingly, we hereby dismiss the appeal of the Revenue as withdrawn.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
In the result, Revenue appeal is dismissed in above terms. Pronounced in the open court on 22nd February, 2021.