PREMIER ALLOYS AND CHEMICALS PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE-5(1), HYDERABAD

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ITA 877/HYD/2024Status: DisposedITAT Hyderabad20 December 2024AY 2018-19Bench: SHRI LALIET KUMAR (Judicial Member), SHRI MADHUSUDAN SAWDIA (Accountant Member)3 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeal as they had opted for the Vivad Se Vishwas Scheme and filed the necessary form. The Revenue representative conceded to this request.

What were the facts?

The assessee filed an appeal before the ITAT. During the proceedings, the assessee expressed a desire to withdraw the appeal. This was due to opting for the Direct Taxes Vivad Se Vishwas Scheme, 2024.

What were the issues?

The primary issue was whether the assessee should be allowed to withdraw their appeal to pursue settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

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

Before: SHRI LALIET KUMAR & SHRI MADHUSUDAN SAWDIA

Hearing: 12/12/2024

आदेश/ORDER PER MADHUSUDAN SAWDIA, A.M.: This appeal is filed by M/s. Premier Alloys and Chemicals Pvt. Ltd., Hyderabad (“the assessee”), feeling aggrieved by the order passed by the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (“Ld. CIT(A)”), dated 09.07.2024 for the A.Y. 2018-19.

2.

At the outset, the Learned Authorised Representative (“Ld. AR”) submitted that the assessee wanted to withdraw the appeal as they have opted under the Direct Taxes Vivad Se Vishwas Scheme, 2024 (“VSVS”). The Ld. AR submitted that the assessee has filed Form 1 under the VSVS on 4.11.2024. Therefore, the Ld. AR requested before the bench that the assessee 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 record in the light of the submissions made on either side. We are inclined to allow the appeal of the assessee to withdraw as they have preferred to avail the VSVS and have already filed Form no.1 under VSVS. The Ld. DR has also conceded to the request of Ld. AR. Accordingly, we hereby dismiss the appeal of the assessee as withdrawn. However, we are giving opportunity to the assessee, if the case of the assessee is not accepted under VSVS by Revenue for whatsoever may be the reason, then the assessee 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 the assessee is dismissed as withdrawn.

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