GR INTRACHEM LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(2), HYDERABAD

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ITA 826/HYD/2019Status: DisposedITAT Hyderabad02 February 2021AY 2012-133 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal held that since Form-3 was issued under the scheme, there was no purpose in keeping the appeals pending. The appeals were dismissed as withdrawn.

What were the facts?

The assessee filed appeals for AYs 2012-13 and 2015-16. The assessee also applied for settlement under the Direct Tax Vivad Se Viswas Scheme-2020 and was issued Form-3.

What were the issues?

Whether appeals should be dismissed as withdrawn when a settlement under the Vivad Se Viswas Scheme has been initiated and Form-3 issued.

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 “A” : HYDERABAD

Before: SHRI S.S.GODARA & SHRI LAXMI PRASAD SAHU

O R D E R PER BENCH :

These two assessee’s appeals for AYs.2012-13 & 2015-16 arise from the CIT(A)-2, Hyderabad’s order dated 09-04-2019 passed in appeal Nos.2/10472/2017-18/CIT(A)-2 & 10480/2017-18/CIT(A)-2, in proceedings u/s.143(3) r.w.s.263 of the Income Tax Act, 1961 [in short, ‘the Act’].

2.

At the outset, we are informed during the course of hearing from the assessee’s side that the assessee has filed for settlement benefit under the ‘Direct Tax Vivad Se Viswas Scheme-2020’ in prescribed Form No.1 & 2 and Form(s)-3 in tune thereto; also stand issued.

3.

The assessee’s sole identical plea in these two cases is that since the department is yet to finalise the settlement in :- 2 -: & 827/Hyd/2019 tune with Form(s)-3 issued under the scheme, these appeals may not be dismissed as withdrawn as on date. We find no merit in assessee’s contentions per se. The fact remains that the assessee has already been issued Form(s)-3, no purpose would be served if these cases are kept pending. We therefore order that these two appeals be treated as dismissed as withdrawn with a rider that it shall be very much open for the assessee to file for revival of these cases, if the settlement benefit under the scheme is denied to the assessee for technical reasons.

4.

Both these appeals of assessee are dismissed as withdrawn in above terms. A copy of this common order be placed in the respective case files.

Order pronounced in the open court on 2nd February, 2021

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