THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), VISAKHAPATNAM vs. CAMBRIDGE SYSTEM(INDIA) PRIVATE LIMITED, VISAKHAPATNAM

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ITA 455/VIZ/2019Status: DisposedITAT Visakhapatnam05 May 2021AY 2009-103 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal and the assessee's cross-objection as withdrawn, granting liberty to seek recall of the order if unforeseen circumstances arise.

What were the facts?

The Revenue filed an appeal, and the assessee filed a cross-objection. The assessee later availed the Vivad se Vishwas scheme, leading to the issuance of Form No. 3 by the Income Tax Department.

What were the issues?

Whether the Revenue's appeal and assessee's cross-objection should be dismissed due to the assessee opting for the Vivad se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI N.K. CHOUDHRY, HON’BLE & SHRI D.S. SUNDER SINGH, HONBLE

For Appellant: Shri C.Subrahmanyam, FCA
For Respondent: Smt. Suman Malik, Sr.DR
Hearing: 29/04/2021

Heard together (2 matters)

I.T.A. No. 455/VIZ/2019
C.O.No. 125/VIZ/2019

Read from the judgment's own cause title. This page is filed under one of them.

Assessee by : Shri C.Subrahmanyam, FCA Department by : Smt. Suman Malik, Sr.DR Date of hearing : 29/04/2021. Date of pronouncement : 05/05/2021. O R D E R PER D.S. SUNDER SINGH, ACCOUNTANT MEMBER:

This appeal has been preferred by the Revenue and the cross objection preferred by the assessee against the order dated

C.O.No. 125/VIZ/2019 (M/s. Cambridge System (India) Pvt. Ltd.) 26/02/2019 impugned herein passed by the ld.Commissioner of Income Tax (Appeals)-9 [for short, “ld.Commissioner”], Hyderabad u/sec. 250(6) of the Income Tax Act, 1961 (hereinafter referred to as the "Act") for the A.Y. 2009-10.

2.

The assessee has preferred an application under consideration dated 15/04/2021 for dismissal of the Revenue’s appeal.

3.

During the course of hearing, ld.AR has submitted that since the assessee has availed the immunity scheme i.e. Vivad Se Vishwas under the Direct Tax Vivad se Vishwas Act, 2020 and the Income Tax Department has issued Form No.3, dated 12/04/2021 in response to the application filed by the assessee under the scheme, therefore appeal of the Revenue may be dismissed and also requested to withdrawn the cross objection of the assessee. 4. The Ld. DR raised no objection, if the appeal of the Revenue is allowed to be dismissed as withdrawn with liberty to seek recall of the order in case any unforeseen circumstances would arise in future and also no raised objection for withdrawal of the cross objection.

5.

Having heard both the parties and perused the application for dismissal of the appeal and Form No.3 (Copy already on record) issued by the Department. Considering the facts and circumstances of the case, the appeal of the Revenue is liable to be dismissed with liberty to seek recall of the order as prayed for in accordance with law and the cross objection filed by the C.O.No. 125/VIZ/2019 (M/s. Cambridge System (India) Pvt. Ltd.) assessee is also liable to be dismissed as withdrawn, hence ordered accordingly.

6.

In the result, appeal of the Revenue and the cross objection of the assessee are dismissed. Order Pronounced in open Court on this 05th day of May, 2021.

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