Pr. Commissioner of Income Tax -2, Hyderabad vs M/s. E_lqr.Sy !9._ on 16 December, 2023
High Court of High Court for State of Telangana16 Dec 2023
Case Name: Pr. Commissioner of Income Tax -2, Hyderabad vs M/s. E_lqr.Sy !9._ on 16 December, 2023 Court: High Court for the State of Telangana at Hyderabad Date of Judgment: 16 December, 2023 Bench: P. Sam Koshy & N. Tukaramji Subject: Income Tax Law - Appeal under Section 260-4 of the Income Tax Act - Settlement under Vivad Se Vishwas Scheme - Appeal rendered infructuous. Key Legal Propositions 1. An appeal before the High Court becomes infructuous upon settlement of the underlying dispute under the Vivad Se Vishwas Scheme, 2023. 2. Where a jurisdictional issue exists regarding the adherence to amended provisions of the Income Tax Act, particularly Section 148A, a writ petition challenging an assessment order may be allowed on that basis. 3. The Revenue retains the right to proceed further with assessment if they so choose, from the stage of a prior Supreme Court order permitting them to do so under substituted provisions. Judgment Summary Background: The appeal before the High Court arose from an order of the Income Tax Appellate Tribunal concerning assessment year 2015-16. A separate writ petition challenged an assessment order passed under Section 148A(d) of the Income