Ashok Kumar Agarwal, Hyderabad V. Income Tax Officer, Ward-2(3), Hyderabad

CO 39/Hyd/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0616 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 2 month(s) 10 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 16-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 10-02-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 06-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SRINIVAS REDDY

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER ITA NO. 1 143/HYD/2018 ASSESSMENT YEAR:2011 - 12 INCOME TAX OFFICER, WARD - 2(3), HYDERABAD. VS. ASHOK KUMAR AGARWAL, HYDERABAD. PAN: AAKPA 5739 J (APPELLANT) (RESPONDENT) C.O. NO. 39/HYD/2018 (IN ITA NO. 1 143/HYD/2018) ASSESSMENT YEAR: 2011 - 12 INCOME TAX OFFICER, WARD - 2(3), HYDERABAD. VS. ASHOK KUMAR AGARWAL, HYDERABAD. PAN: AAKPA 5739 J (APPELLANT IN APPEAL) (CROSS OBJECTOR) ASSESSEE BY: NONE REVENUE BY: SHRI SRINIVAS REDDY DATE OF HEARING: 10/02/2021 DATE OF PRONOUNCEMENT: 1 6 /02/2021 ORDER PER A. MOHAN ALANKAMONY , A.M: THE CAPTIONED APPEAL IS FILED BY THE REVENUE AND THE CROSS OBJECTION IS FILED BY THE ASSESSEE. BOTH THESE APPEALS ARISE OUT OF THE ORDER OF THE LD. CIT(A) - 2, HYDERABAD IN APPEAL NO. 10452 2 & 10453/CIT(A) - 2/HYD/2017 - 18, DATED 8 TH MARCH, 2018 PASSED U/S. 143( 3) R.W.S 247 AND U/S. 250(6) OF THE ACT FOR THE A.Y.2010 - 11. 2. AT THE TIME OF HEARING NONE APPEARED BEFORE US TO REPRESENT THE ASSESSEE S CASE . O N PERUSAL OF THE RECORD, WE NOTICED FROM THE LETTER FILED BY THE ASSESSEE DATED 05/02/2021 THAT THE ASSESSEE HAS OPTED TO AVAIL VIVAD - SE - VIS H WAS SCHEME AND HAD FILED FORM NO.1 & 2 AND IS AWAITING TO RECEIVE FORM - 3 FROM THE REVENUE. 3. THE LD. DR SUBMITTED BEFORE US THAT IF THE APPEAL OF THE REVENUE IS DISMISSED THEN LIBERTY MAY BE GRANTED TO REINSTAT E THE APPEAL OF THE REVENUE IF THE APPLICATION FILED BY THE ASSESSEE FOR AVAILING THE BENEFIT UNDER VIVAD - SE - VISHWAS SCHEME IS NOT ACCEPTED BY THE REVENUE. 4 . HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE , W E ARE INCLINED TO DISMISS THE APPEAL OF THE REVENUE AS WITHDRAWN SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND IS AWAITING TO RECEIVE FORM - 3 FROM THE REVENUE . A CCORDINGLY, WE HEREBY DISMISS THE APPEAL OF THE REVENUE AS WITHDRAWN . HOWEVER, W E ALSO MAKE IT CLEAR THAT, IF THE ASSESSEE S CASE IS NOT ACCEPTED IN THE VIVAD - SE - VISWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN AS REQUESTED BY THE LD.D.R THE 3 REVENUE SHALL BE AT LIBERTY TO FILE MISCELLANEOUS PETITION BEFO RE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE ITS APPEAL. IT IS ORDERED ACCORDINGLY. 5. WITH REGARD TO THE ASSESSEES CROSS OBJECTION, S INCE WE HAVE DISMISSED THE REVENUES APPEAL CONSIDERING THE ASSESSEES REQUEST TO AVAIL VIVAD - SE - VISHWAS SCHEME, THE CROSS OBJECTION FILED BY THE ASSESSEE DOES NOT SURVIVE. 6. IN THE RESULT, THE APPEAL OF THE REVENUE AS WELL AS THE CROSS OBJECTION OF THE ASSES SEE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE SIXTEENTH OF FEBRUARY, 2021. SD/ - SD/ - (S.S. GODARA) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 16 TH FEBRUARY, 2021. OKK COPY TO: - 1) SHRI ASHOK KUMAR AGARWAL, 1 - 8 - 337/1, FOREFRONT NO.501, INDIAN AIRLINES COLONY, BEGUMPET, HYDERABAD 500 034. 2) THE INCOME TAX OFFICER, WARE - 2(3), R.NO. 508, 5 TH FLOOR, SIGNATURE TOWERS, KONDAPUR, HYDERABAD. 3) THE CIT(A) - 2 , HYDERABAD . 4) THE PR. CIT - 2 , HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE