ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(2), HYDERABAD vs. GVK GAUTAMI POWER LIMITED, HYDERABAD

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ITA 221/HYD/2019Status: DisposedITAT Hyderabad19 November 2020AY 2014-153 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal accepted the Revenue's request to withdraw the appeals as the dispute was opted to be settled under the Vivad Se Vishwas Scheme, 2020. The appeals were dismissed as withdrawn.

What were the facts?

The Revenue filed appeals against the orders of the CIT(A) for AYs 2013-14 and 2014-15. The Revenue requested withdrawal of these appeals.

What were the issues?

The primary issue was the withdrawal of appeals by the Revenue due to opting for settlement under the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “B” : HYDERABAD

Before: SMT. P. MADHAVI DEVI & SHRI D.S. SUNDERE SINGH

For Assessee : Shri Sunku Srinivas For Revenue : None Date of Hearing : 19-11-2020 Date of Pronouncement : 19-11-2020 O R D E R PER D.S. SUNDER SINGH, A.M. :

All these appeals filed by the Revenue are against the orders of CIT(A) – 11, Hyderabad relating to AYs 2013-14 & 2014- 15.

2.

These appeals filed by the Revenue were taken up for hearing through Video Conference on 19/11/2020 and none appeared on behalf of the assessee and we have heard the ld. DR.

:- 2 -: Nos. 219 to 221/Hyd/2019 M/s GVK Gautami Power Ltd., Hyd.

3.

The Ld. DR has requested for withdrawal of the appeals filed by the Department stating that the Department has opted to settle the dispute relating to the tax arrears for 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 Revenue and that the Department has also received Form- 3.

3. In view of the above, we accept the request of the ld. DR for withdrawal of the appeals as Pr. CIT (Central) 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. are not ultimately resolved in terms of the afore-stated Act, the appellant (i.e. the Revenue) is at liberty to approach the Tribunal for reinstitution of the appeals and the Tribunal shall consider such application appropriate as per law.

6.

In the result, the appeals of the Revenue are dismissed as ‘withdrawn’. Order pronounced in the open court on 19th November, 2020.

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