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Income Tax Appellate Tribunal, Hydarabad A Bench, Hyderabad
Before: SHRI K. NARASIMHA CHARY & SHRI MADHUSUDAN SAWDIA
(आआआआआआआआ आआआआ/Assessment Year:2013-14) Dy. Commissioner of M/s.Alif Resources and Vs. Income Tax, Circle-1(1), Infrastructure Pvt. Ltd., Hyderabad. Hyderabad. PAN:AAECA5358A (Appellant) (Respondent) आआआआआआआआआआ Shri Phanindra, Advocate आआआआआआ/Assessee by: आआआआआआ आआआआआआ/Revenue Shri Ravi Kiran, CIT-DR by:: आआआआआआ आआ आआआआआ/Date of 28/01/2025 hearing: 28/01/2025 आआआआआ आआ आआआआआ/Pronouncement: आआआआ/ORDER PER MADHUSUDAN SAWDIA, A.M.: This appeal is filed by revenue in the case of M/s. Alif Resources and Infrastructure Pvt. Ltd. (“the assessee”), feeling aggrieved by the order passed by the Learned Commissioner of Income Tax (Appeals), Hyderabad (“Ld. CIT(A)”), dated 08.10.2018 for the A.Y. 2013-14.
At the outset, the Learned Authorised Representative (“Ld. AR”) submitted that, the assessee has opted to resolve their dispute under the Direct Tax Vivad Se Vishwas Scheme, 2024 (“DTVSV,2024”). The Ld. AR also submitted that, the assessee has filed Form-1 on 13.11.2024 and received Form-2 on 18.12.2024 under the DTVSV,2024. Therefore, the Ld. AR requested before the bench that, the appeal of the Revenue may be treated as withdrawn.
The Learned Department Representative (“Ld. DR”) submitted that, they have no objection, if the assessee has opted to resolve their dispute under the DTVSV,2024. Accordingly, the Ld. DR requested the bench for withdrawal of their appeal. The Ld. DR further requested the bench that, the liberty may be granted to revenue to reinstate their appeal, if due to any reason, the case of the assessee is not settled under the DTVSV, 2024.
We have heard the rival contentions and also gone through the record in the light of the submissions made by either side. We found that the assessee has opted to resolve their dispute under the DTVSV,2024 and already filed Form-1 on 13.11.2024 and received Form-2 on 18.12.2024 under the DTVSV,2024. Accordingly, the Ld. DR has also requested for the withdrawal of their appeal. Therefore, we are inclined to allow the appeal of the revenue to withdraw. Accordingly, we hereby dismiss the appeal of the revenue. However, we are giving opportunity to the revenue, if the case of the assessee is not settled under the DTVSV,2024 for whatsoever may be the reason, then the revenue shall be at liberty to file Miscellaneous Application before the Tribunal within the prescribed time under the Act to reinstate the case. It is ordered accordingly.