DAEHA PLASTIC COMPOUND INDIA PRIVATE LIMITED,ANANTHAPUR vs. DCIT., CIRCLE 1, KURNOOL

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ITA 879/HYD/2024Status: DisposedITAT Hyderabad13 March 2025AY 2020-21Bench: SHRI K.NARASIMHA CHARY (Judicial Member), SHRI MADHUSUDAN SAWDIA, ACCOUNTANT MEMBER आ.अपी.सं / ITA No.879/Hyd/2024 (निर्धारण वर्ष / Assessment Year: 2020-21) Daeha Plastic Compound India Vs. Dy.Commissioner of Income Tax Private Limited Circle-1 Ananthapur Kurnool [PAN : AAGCD4480J] अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती द्वारा/Assessee by: Shri Vinay Jain, AR राजस्व द्वारा/Revenue by: Shri B.Bala Krishna, CIT-DR सुनवाई की तारीख/Date of hearing: 13/03/2025 घोषणा की तारीख/P1 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The Tribunal allowed the assessee's appeal to be withdrawn, as conceded by the DR. The appeal was dismissed as withdrawn. Liberty was granted to the assessee to file a Miscellaneous Petition to reinstate the appeal if their case is not accepted under the Vivad Se Viswas scheme.

What were the facts?

The assessee filed an appeal against an order passed by the Assessing Officer pursuant to the directions of the Dispute Resolution Panel for the assessment year 2020-21. The assessee desired to withdraw the appeal as they had opted for the 'Vivad Se Viswas' scheme.

What were the issues?

Whether the assessee can withdraw their appeal before the Tribunal to avail the Vivad Se Viswas scheme.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “A”, HYDERABAD

Before: SHRI K.NARASIMHA CHARY & SHRI MADHUSUDAN SAWDIA

For Respondent: Shri B.Bala Krishna, CIT-DR
Hearing: 13/03/2025

सुिवधई की तधरीख/Date of hearing: 13/03/2025 घोर्णध की तधरीख/Pronouncement on: 13/03/2025 आदेश / ORDER PER K. NARASIMHA CHARY, J.M: Aggrieved by the order dated 12/07/2024 passed by the learned Assessing Officer (assessment unit, Income Tax Department) pursuant to the directions of the Learned Dispute Resolution Panel (DRP)-1, Bengaluru (learned DRP), in the case of Daeha Plastic Compound India Pvt. Ltd (“the assessee”) for the assessment year 2020-21, assessee preferred this appeal.

2.

At the outset, Ld.AR submitted before us that the assessee desires to withdraw his appeal as he has opted to avail ‘Vivad Se Viswas’ scheme and accordingly, the assessee has filed Form No.1. It was therefore, pleaded that the appeal of the assessee may be allowed to be withdrawn.

3.

The Ld. DR conceded to the request of the Ld.AR.

4.

Having heard both the parties, we are inclined to allow the appeal of the assessee to be withdrawn yielding to the prayer of the Ld.AR and accordingly, hereby dismiss the appeal as withdrawn. However, we also make it clear that, if the assessee’s case is not accepted in the Vivad Se Viswas scheme by the Revenue for whatsoever may be the reason, then the assessee shall be at liberty to file a Miscellaneous Petition before the Tribunal within the time limit prescribed under the Act to reinstate the appeal. It is ordered accordingly.

5.

In the result, the appeal of assessee is dismissed as withdrawn. Order pronounced in the open court on this the 13th day of March, 2024.

Sd/- Sd/- (MADHUSUDAN SAWDIA) (K. NARASIMHA CHARY) ACCOUNTANT MEMBER JUDICIAL MEMBER Hyderabad, Dated: 13/03/2025 L.Rama, SPS Copy forwarded to: 1. Daeha Plastic Compound India Private Limited, Plot No.28 and 29, Survey No.97 Part, Gudipalli Village, Somandepalli Mandal, Ananthapur 2. The Deputy Commissioner of Income Tax, Circle-1, Kurnool 3. The Pr.CIT, Kurnool 4. The DR, ITAT, Hyderabad 5. GUARD File TRUE COPY

SENIOR PRIVATE SECRETARY ITAT, HYDERABAD

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