My Home Constructions P. Ltd., Hyd, Hyderabad V. ACIT, Circle-14(2), Hyd, Hyderabad

ITA 1013/HYD/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0847 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 11 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2007-2008
• Appeal Filed On: 14-07-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: LAKKA BHUSHANAM
• Assessee Lawyers: S RAMA RAO
• Keywords: TDS
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO. 1013 /H/20 1 6 A SSESSMENT Y EAR : 20 07 - 08 MY HOME CONSTRUCTIONS P. LTD., HYDERABAD. PAN A ABCM 3724D VS. ASST. COMMISSIONER OF INCOME - TAX, CIRCLE 14 ( 2 ), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI S. RAMA RAO REVENUE BY: S HRI LAKKA BHUSHANAM DATE OF HEARING: 05 /0 7 /2021 DATE OF PRONOUNCEMENT: / 0 7 /2021 O R D E R PER L.P. SAHU, AM : T H IS APPEAL FILED BY THE ASSESSEE FOR AY 20 0 7 - 08 IS DIRECTED AGAINST CIT(A) 8 , HYDERABADS ORDER , DATED 20 / 0 4 /20 1 6 INVOLVING PROCEEDINGS U/S 2 0 1 ( 1 ) AND 201(1A) OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS OPTED TO AVAIL THE BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 IN PRESCRIBED FORM NO.1 & 2 AND RECEIVED FORM(S) - 3 IN TUNE ITA NO. 1013 /H YD/ 20 1 6 MY HOME CONSTRUCTIONS P. LTD., HYDERABAD . : - 2 - : THERETO , WHICH IS PLACED ON RECORD , THEREFORE, REQUESTED THE BENCH TO PERMIT TO WITHDRAW TH IS APPEAL OF THE ASSESSEE. 4 . HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND RECEIVED FORM(S) - 3 IN TUNE THERETO , WITH A RIDER THAT IT SHALL B E VERY MUCH OPEN FOR THE ASSESSEE TO FILE FOR REVIVAL OF TH IS CASE, IF THE SETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO IT FOR TECHNICAL REASONS. 5 . IN THE RESULT, ASSESSEES APPEAL IS DISMISSED IN ABOVE TERMS. PRONOUN CED IN THE OPEN COURT ON 13 TH JULY , 2021 . SD/ - SD/ - (S . S . GODARA) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 13 TH JULY , 20 2 1 . KV ITA NO. 1013 /H YD/ 20 1 6 MY HOME CONSTRUCTIONS P. LTD., HYDERABAD . : - 3 - : C OPY TO : 1 MY HOME CONSTRUCTIONS PVT. LTD., C/O SRI S. RAMA RAO, ADVOCATE, FLAT NO. 102, SHRIYAS ELEGANCE, 3 - 6 - 643, STREET NO. 9, HIMAYATNAGAR, HYDERABAD 500 029. 2 AC IT, CIRCLE 14 ( 2 ), AC GUARDS, HYDERABAD 3 CIT (A) 8 3 , HYDERABAD 4 CIT (TDS) , HYDERABAD 5 ITAT, DR, HYDERABAD 6 GUARD FILE.