DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(2), HYDERABAD vs. GVK AIRPORT DEVELOPERS LIMITED, HYDERABAD

On perusing the appeals, We noticed that the appeal in (AY.2012-13) in the case of Sri Gurucharan Singh there has been a delay of 336 days in filing the appeal before the Tribunal. Regarding the same, the Assessee has filed an affidavit, seeking condonation of delay. In the affidavit, the assessee has submitted that the delay had occurred due to certain mistakes committed by the Chartered Accountant of the assessee.

At the outset, the Ld. ARs submitted before us, that all the assessees mentioned herein above desires to withdraw the appeals as they have opted to avail ‘Vivad Se Viswas’ scheme. The Ld. Counsels further submitted that the assessees have filed Form No.1 & 2 and in response they have received the :- 3 -: 1451, 1452/H/15 2195/H/18, 811/H/18, 1085/H/19, 1242/H/18, 462 & 463/H/18 Form-3 from the Revenue. It was therefore pleaded, that these appeals of the assessees may be allowed to be withdrawn. The Ld. AR for the assessee in the case of M/s. G.V.K. Airport Developers Limited and 463/Hyd/2018 submitted before us that these appeals were filed by the Revenue, however, the assessee had preferred to avail the Vivad-se-Vishwas Scheme and have filed Forms No. 1 & 2 and in response the Revenue had issued Form No.3. It was therefore pleaded that the appeals of the Revenue may also be dismissed as withdrawn. The Ld. DRs conceded to the request of the Ld. ARs.

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both the parties through video conference, We are inclined to allow the appeals of the assessees and the Revenue to be withdrawn yielding to the prayer of the Ld.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 Accordingly, We hereby dismiss all the appeals of the assessee as well as that of the Revenue as withdrawn.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

In the result, all the appeals of assessees as well as that of the Revenue are dismissed as withdrawn.