N/S. UNICORN AGROTECH LTD., SECBAD vs. THE ASST. COMMISSIONER OF INCOME TAX, HYD.

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ITTA/443/2011HC TelanganaHBHC01039648201116 March 2021Bench: T.VINOD KUMAR,M.S.RAMACHANDRA RAO3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court allowed the appellant to withdraw the appeal. Liberty was granted to approach the court again if the dispute with the Department under the Vivad Se Vishwas Act is not resolved. No costs were awarded.

What were the facts?

The appellant, Unicorn Agrotech Ltd., sought to withdraw its Income Tax Tribunal Appeal. The reason for withdrawal was to approach the respondents under the Direct Taxes (Vivad Se Vishwas) Act, 2020. The appeal was filed against an order of the Income Tax Appellate Tribunal.

What were the issues?

The primary issue was the appellant's request to withdraw the appeal to pursue resolution under a new tax amnesty scheme. The court considered the implications of such a withdrawal.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRt JUSTICE M.S.RAMACHANDRA RAO AND THE HONOURABLE SRI JUSTICE T.VINOD KUMAR I.T,T.A. NOi 443 0F 2011 lncome Tax Tribunal Appeal under Section 260-4 of the lncome Tax Act, 1961, against the order of the lncome Tax Appellate Tribunal, Hyderabad Bench 'B' Hyderabad in ITA No.765/Hydl20o7 for Assessment Year 1999-2000 dated 11lOBl2O11 preferred against the order of the Commissioner of lncome Tax (Appeals)-lV, Hyderabad in Appeal No.0419/DC-(3)3 (ClT(A)-lV/2006-07 dated 3110512007, preferred against the order of the Deputy Commissioner of lncome Tax, Circle-3(3), in PAN/GIR No.AAACU2TB2JIU-9 daled:28 I 1 1 12006. Between: tt//s. UNICORN AGROTECH LTD., A Private Limited Company, Having its Registered Office at Plot No.3, Unicorn House, Balaji Enclave, Near Gunrock, Diamond Point, Transport Road, Karkhana, Secundera bad-500009 Rep. by its Director Amul Sanghani S/o B.C.Sanghani, 52 yrs, R/o.Plot No.70 & 71 , P & T Colony, Secunderabad-O9. ...APPELLANT AND The Asst. Commissioner of lncome Tax, Circle-3(3), Hyderabad ...RESPONDENT For the Appellant : SRI CH.PUSHYAM KIRAN, Advocate For the Respondent : SRI B.NARASIMHA SARMA, SC FOR INCOME TAX DEPARTMENT The Courtieifu/.fdthe following: JUDGMENT

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDITA RAO AND THE HONOURABLE SRI JUSTICE T. VINOD KUMAR JUDGMENT: (Per Hon'ble Sri Justice M.S. Ramachandra Rao) Leamed counsel for appellant seeks to witl.rdraw this Appeal to approach the respondents under the Direct Taxes (Vivad Se Vishwas) Act,2020. Having regard to the said submission, this appeal is dismissed as withdrawn, with liberty to approach this Couft in the event there is no resolution of the dispute of the petitioner with the Department under the said Act. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ,TRUE COPY// Sd/.B.S.CHIRANJEEVI JOINT REGISTRAR K'/ SECTION OFFICER To 1. 2. 2 4. 5. Kj The lncome Tax Appellate Tribunal, Hyggrabad .B P.e^lch, Hyderabad' ih" Arliitant Comririssioner of l ncomi-' Tax, Circle-3(3), Hyderabad' One CC to Sri Ch.Pushyam Kiran, Advocate (OPUC) o;; CC io Sri g.Nlarasiinha Sarma, SC for lncome Tax Department (9PUC) Two CD Copies I.T.T.A.No.443 of 201I t-

- HIGH COURT DATED:16/03/2021 JUDGMENT ITTA.No.443 ol 2011 * ,l: o C ry 1 APfl oo 0s $E STArA 2021 |TTA DtSMtSSED AS WTTHDRAWN,NO COSTS. v 1c,Id 6' > {-

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