KANJI RAM MOORJANI,HYDERABAD vs. INCOME TAX OFFICER, WARD-13(3), HYDERABAD

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ITA 342/HYD/2018Status: DisposedITAT Hyderabad02 November 2020AY 2008-092 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, subject to the condition that if the dispute is not resolved under the scheme, the assessee can seek reinstitution of the appeal.

What were the facts?

The assessee filed an appeal against an order for AY 2008-09. 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?

Whether the appeal can be withdrawn due to opting for the Vivad Se Vishwas Scheme. The conditionality of the withdrawal.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

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

Before: Smt. P. Madhavi Devi

Hearing: 02/11/2020Pronounced: 02/11/2020

Date of Hearing : 02/11/2020 Date of Pronouncement : 02/11/2020 O R D E R This is assessee’s appeal filed against the order of CIT(A)-4, Hyderabad dated 19.07.2017 relating to A.Y. 2008-09 passed u/s 143(3) r.w.s. 147 of the Income Tax Act, 1961. This appeal filed by the assessee was taken up for hearing through Video Conference on 02.11.2020 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. ./2018 Sri Kanji Ram Moorjani AY 2008-09

4.

In view of the above, we accept the request of the assessee for withdrawal of the appeal as Pr.CIT-4 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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