DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(2), HYDERABAD vs. CROWN BEERS INDIA PRIVATE LIMITED, HYDERABAD
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal allowed the Revenue's appeal to be withdrawn. The assessee was granted liberty to approach the Tribunal for reinstatement if the Vivad se Vishwas application was rejected.
What were the facts?
The Revenue filed an appeal before the ITAT. During the pendency of the appeal, the assessee filed an application under the Vivad se Vishwas scheme. The Revenue sought to withdraw its appeal pending the outcome of the scheme.
What were the issues?
Whether the Revenue's appeal should be withdrawn due to the assessee opting for the Vivad se Vishwas scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Hyderabad ‘ A ‘ Bench, Hyderabad
Before: Smt. P. Madhavi Devi & Shri A. Mohan Alankamony
This is Revenue’s appeal for the A.Y 2014-15 against the order of the CIT (A)-1, Hyderabad, dated 27.12.2018.
At the outset, the Ld. DR submitted before us that the Revenue does not want to pursue the appeal as the assessee has already filed forms I & II under the “vivad se vishwas” scheme and its acceptance is awaited. Therefore, consequent to the same, the Revenue desires to withdraw the appeal before the Tribunal. Hence it was pleaded, that the appeal of the Revenue may be treated as withdrawn.
After hearing both the parties, we hereby allow the appeal of the Revenue to be withdrawn. We also make it clear that the assessee shall be at liberty to approach the Tribunal within the stipulated time as provided under the Act, in order to reinstate the appeal, if the application with respect to Vivad se Vishwas scheme is rejected.
In the result, appeal of Revenue is dismissed. Order pronounced in the Open Court on 22nd February, 2021.
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