NAVEEN KUMAR KEDIA,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-8(1), HYDERABAD

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ITA 211/HYD/2019Status: DisposedITAT Hyderabad24 November 2020AY 2014-152 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 appeal. This withdrawal is subject to the condition that if the dispute is not resolved under the Vivad Se Vishwas Act, the assessee can seek reinstitution of the appeal.

What were the facts?

The assessee filed an appeal against an order of the CIT(A) for AY 2014-15. The assessee requested to withdraw the appeal as 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 the appeal due to opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

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

Before: Smt. P. Madhavi Devi

Hearing: 24/11/2020

Date of Hearing : 24/11/2020 Date of Pronouncement : 24 /11/2020 O R D E R This is assessee’s appeal filed against the order of CIT(A)-6, Hyderabad dated 28.09.2018 relating to A.Y. 2014-15 passed u/s 143(3) of the Income Tax Act, 1961. This appeal was taken up for hearing through Video Conference on 24.11.2020 and both the parties were heard.

2.

The Ld.AR for the assessee has requested for withdrawal of the appeal filed by the assessee stating that the assessee has opted to settle the dispute relating to the tax arrears for the A.Y. 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. ./2019 Sri Naveen Kumar Kedia AY 2014-15

4.

In view of the above, we accept the request of the assessee for withdrawal of the appeal as Pr.CIT 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.Y. 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, the appeal of the assessee is dismissed as ‘withdrawn’.

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