DY. COMMISSIONER OF INCOME TAX, CIRCLE-16(2), HYDERABAD vs. MARUTI ISPAT & ENERGY PRIVATE LIMITED, HYDERABAD

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ITA 1059/HYD/2017Status: DisposedITAT Hyderabad08 February 2021AY 2010-113 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 noted that the Revenue had filed for settlement under the Vivad Se Vishwas scheme. Consequently, the appeals were dismissed as the Revenue intended to settle the cases through the aforementioned scheme.

What were the facts?

The Revenue filed appeals against the orders of the CIT(A) for assessment years 2009-10, 2010-11, and 2012-13. The Revenue subsequently sought settlement under the Direct Tax Vivad Se Vishwas Bill, 2020.

What were the issues?

Whether the Revenue's appeals should be dismissed in light of their decision to settle the cases under the Direct Tax Vivad Se Vishwas Bill, 2020.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “A”: HYDERABAD

Before: SHRI SATBEER SINGH GODARA & LAXMI PRASAD SAHU

For Appellant: Shri Anam Siddiqui
For Respondent: Shri Sunil Kumar Pandey, Shri Anam Siddiqui
Hearing: 04/02/2021Pronounced: 08/02/2021

O R D E R PER BENCH: These Revenue’s appeals for AYs 2009-10, 2010-11 & 2012-13 are directed against the CIT(A) - 6, Hyderabad’s orders dated 23/03/2017 passed in appeal Nos. 0163, 0162 & 0172/2015-16/ACIT, Cir. – 16(2)/CIT(A)-4/Hyd/16-17 involving proceedings u/s 143(3) of the Income-tax Act, 1961 ; in short “the Act”. 2. At the outset, Learned DR submitted that the :- 2 -: to 1060/Hyd/2017 Maruti Ispat & Energy Pvt. Ltd., Hyd.

Revenue has filed for settlement sought in the Form-I & II under the Direct Tax Vivad Se Vishwas Bill, 2020 before the prescribed authority(ies) therein.

4.

On perusal of the documents placed on record of the Tribunal, we find that the Revenue has proposed to settle the cases taking the benefit under the Direct Tax Vivad Se Vishwas Bill, 2020. We, therefore, are of the opinion that the instant appeals of the Revenue deserve to be dismissed at this stage with a rider that it shall be very much open to the Revenue to seek revival of the cases before the Tribunal, if their settlement petitions hereinabove are rejected for the technical reasons.

5.

In the result, Revenue appeals are dismissed in above terms. Pronounced in the open court on 8th February, 2021.

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