SHEKAR REDDY,HYDERABAD vs. INCOME TAX OFFICER, WARD-13(4), HYDERABAD

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ITA 634/HYD/2019Status: DisposedITAT Hyderabad04 February 2021AY 2012-133 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal allowed the assessees to withdraw their appeals. The appeals were dismissed as withdrawn, with a liberty to reinstate them if the Vivad Se Viswas scheme acceptance failed.

What were the facts?

The assessees sought to withdraw their appeals before the ITAT as they had opted for the 'Vivad Se Viswas' scheme. They had filed the necessary forms, and in one case, the Revenue had issued Form-3.

What were the issues?

The primary issue was whether the assessees could withdraw their appeals due to opting for the Vivad Se Viswas scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCH “B”, HYDERABAD

Before: SMT. P. MADHAVI DEVI & SHRI A. MOHAN ALANKAMONY

For Appellant: Shri A.V. Raghuram & Shri
For Respondent: Shri Rohit Mujumdar, DR, Shri B. Sai Prasad, Shri Rohit Mujumdar, DR
Hearing: 03/02/2021Pronounced: 04/02/2021

Both these appeals are filed by the assessees against the order of the Ld. CIT (A)-4, Hyderabad and Principal Commissioner of Income Tax-1, Hyderabad.

2.

In the above-mentioned cases, the assessees have filed written submissions before us seeking withdrawal of their respective appeals as they have opted to avail ‘Vivad Se Viswas’ scheme. It is further submitted that the assessees have filed Form No.1 & 2 in both the cases and also received Form-3 from the Revenue in the case of Shekar Reddy ( ). Hence, it is prayed in the written submissions that both the appeals of the respective assessees may be allowed to be withdrawn and dismissed as such.

3.

The Ld. DR conceded to the request of the assessees and their Counsels.

4.

Having heard both the parties through video conference, We are inclined to allow the appeals of the assessees to be withdrawn yielding to the prayer of the Ld. ARs as the assessees have preferred to avail the Vivad-se-Vishwas Scheme by filing Form No.1, 2 in the instant cases and in the case of Shekar Reddy ( Form No-3 from the Revenue. The Ld. DR has also conceded to the request of the Ld. ARs. Accordingly, We hereby dismiss the appeals of the assessees as withdrawn. However, we also make it clear that, if any of the assessee’s cases are not accepted in the Vivad- Se-Viswas scheme by the Revenue for whatsoever may be the reason, then the respective assessees shall be at liberty to file Miscellaneous Petitions before the Tribunal within the time limit prescribed under the Act to reinstate their appeal. It is ordered accordingly.

5.

In the result, all the above-mentioned appeals of the assessees are dismissed as withdrawn.

Pronounced in the open Court on the fourth of February, 2021.

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