M+W SINGAPORE PTE LIMITED (FORMERLY KNOWN AS M+W ZANDER(S) PTE LIMITED),HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX, INTERNATION TAXATION-1, HYDERABAD

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ITA 1889/HYD/2017Status: DisposedITAT Hyderabad17 December 2020AY 2012-133 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal accepted the assessee's request for withdrawal of the appeals as the dispute resolution under the 'Vivad Se Vishwas Scheme' was initiated. The dismissal is subject to the condition that if the dispute is not resolved under the scheme, the assessee can seek reinstitution of the appeals.

What were the facts?

The assessee filed appeals against the orders of the CIT(A) for AY 2011-12 and 2012-13. The assessee subsequently filed a withdrawal application stating they opted to settle the dispute under the 'Vivad Se Vishwas Scheme, 2020'.

What were the issues?

The primary issue was the assessee's request to withdraw appeals due to opting for a dispute resolution scheme. The validity of the withdrawal and potential reinstitution of appeals were considered.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD ‘B’ BENCH : Hyderabad

Before: Smt. P. Madhavi Devi & Shri A. Mohan Alankamony

Hearing: 14/12/2020Pronounced: 17/12/2020

Date of Hearing : 14/12/2020 Date of Pronouncement : 17/12/2020 O R D E R PER Smt. P. Madhavi Devi, J.M. Both these are assessee’s appeals filed against the separate orders of CIT(A)-10, Hyderabad dated 31.05.2017 relating to A.Y. 2011-12 and order dated 30.6.2017 relating to A.Y. 2012-13 passed u/s 143(3) r.w.s. 144C of the Income Tax Act, 1961. These appeals were taken up for hearing through Video Conference on 14.12.2020 and both the parties were heard. ./2017, AY 2011-12 1889/Hyd/2017 A.Y. 2012-13 M/s M+W Singapore Pte Limited, India Branch Office

2.

The Ld.AR for the assessee has submitted withdrawal application dated 16.11.2020 stating that the assessee has opted to settle the dispute relating to the tax arrears for both the A.Ys. under consideration under “Vivad Se Vishwas Scheme, 2020”. He further submitted that an application to this effect has been filed by the assessee and that the assessee has also received Form- 3.

3.

The Ld.DR has no objection to the same.

4.

In view of the above, we accept the request of the assessee for withdrawal of the appeals as Pr.CIT (IT&TP) has issued Form-3.

5.

However, the aforesaid is subject to a caveat that in case the dispute relating to tax arrears for the captioned A.Ys. is not ultimately resolved in terms of the afore-stated Act, the appellant (i.e. the assessee) is at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application appropriate as per law. The Ld.DR for the revenue has no objection with regard to the aforesaid caveat.

6.

In the result, both these appeals of the assessee are dismissed as ‘withdrawn’.

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