NIPUN KOTHA,HYDERABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX, INT. TAXN. - 1, HYDERABAD

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ITA 198/HYD/2024Status: DisposedITAT Hyderabad23 December 2024AY 2017-18Bench: SHRI VIJAY PAL RAO (Vice President), SHRI MADHUSUDAN SAWDIA (Accountant Member)3 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal allowed the assessees to withdraw their appeals as they had opted for the Vivad Se Vishwas Scheme and fulfilled the necessary conditions. The appeals were dismissed as withdrawn.

What were the facts?

The assessees, Nipun Kotha and Preeti Kotha, filed appeals against orders passed by the Ld. AO under section 147 r.w.s. 144C(13). They subsequently opted to resolve their disputes under the Direct Tax Vivad Se Vishwas Scheme, 2024.

What were the issues?

The primary issue was whether the assessees should be allowed to withdraw their appeals due to opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 147,Section 144C(13)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad ‘B’ Bench, Hyderabad

Before: SHRI VIJAY PAL RAO & SHRI MADHUSUDAN SAWDIA

Hearing: 23/12/2024

आदेश/ORDER PER BENCH : Both these appeals are filed by Nipun Kotha and Preeti Kotha, Hyderabad (“the assessees”), feeling aggrieved by the separate orders passed by the Learned Assessing Officer (“Ld. A.O.”) u/s 147 r.w.s. 144C(13) of the Income Tax Act, 1961 on 09.01.2024 for the A.Y. 2017-18. Since identical issues are involved in these appeals, they are heard together and consolidated order is being passed for the sake of convenience and brevity.

2.

At the outset, the Learned Authorised Representative (“Ld. AR”) submitted that, both the assessees wanted to withdraw the appeal as they have opted to resolve their dispute under the Direct Tax Vivad Se Vishwas Scheme, 2024 (“DTVSV,2024”). The Ld. AR also submitted that, both the assessees have filed Form-1 under the DTVSV,2024 on 15.11.2024 and paid the amount of taxes in accordance with Form-2 of the DTVSV,2024. Therefore, the Ld. AR requested before the bench that both the assessees may be allowed to withdraw the appeal.

3.

The Learned Department Representative (“Ld. DR”) conceded to the request of Ld. AR.

4.

We have heard the rival contentions and also gone through the records in the light of the submissions made by either side. We are inclined to allow the appeal of both the assessees to withdraw as they have preferred to resolve their dispute under the DTVSV,2024 and have already filed Form-1 under DTVSV,2024 on 15.11.2024 and paid the amount of taxes in accordance with Form-2 of the DTVSV,2024. The Ld. DR has also conceded to the request of Ld. AR. Accordingly, we hereby dismiss the appeals of both the assessees as withdrawn. However, we are giving opportunity to both the assessees, if the case of the assessees are not accepted under the DTVSV,2024 by Revenue for whatsoever may be the reason, then the assessees 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.

5.

In the result, the appeal filed by both the assessees are dismissed as withdrawn.

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