Thirumala Constructions, Warangal V. Income Tax Officer, Ward-5(1), Warangal

ITA 1013/Hyd/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8774 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 30-03-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 21-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: A V RAGHURAM
• Section: 201; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (T HROUGH VIRTUAL HEARING ) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER I.T.A. NO. 1 01 3 /HYD/201 8 ASSESSMENT YEAR: 20 13 - 14 M/S. THIRUMALA CONSTRUCTIONS, WARANGAL [PAN: A AFFT 1157 N ] VS INCOME TAX OFFICER , WARD - 5, WARANGAL (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI A.V. RAGHURAM , AR FOR REVENUE : SHRI ROHIT MUJUMDAR , DR DATE OF HEARING : 30 - 1 2 - 2020 DATE OF PRONOUNCEMENT : 06 - 0 1 - 20 21 O R D E R PER A.MOHAN ALANKAMONY, A . M . : THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. PR. CIT 3 , HYDERABAD PASSED U /S.263 OF THE INCOME TAX ACT [ACT] IN APPEAL NO. PR.CIT - 3 / HYD / 263/ 201 7 - 1 8 , DATED 2 2 - 0 3 - 2018 FOR THE AY: 2013 - 14. 2. AT THE OUTSET, LD.AR SUBMITTED BEFORE US THAT THE ASSESSEE DESIRES TO WITHDRAW HIS APPEAL AS THE ASSESSEE HAS OPTED TO AVAIL VIVAD - SE - VIS H WAS S CHEME. HE FURTHER SUBMITTED THAT THE ASSESSEE HA D FILED FORM NO.1 & 2 AND HAS ITA NO. 1 01 3 /HYD/201 8 : - 2 - : RECEIVE FORM - 3 FROM THE REVENUE. IT WAS THEREFORE PLEADED, THAT THE APPEAL OF THE ASSESSEE MAY BE ALLOWED TO BE WITHDRAWN AS PER THE SCHEME . 3. THE LD. DR CONCEDED TO THE REQUEST OF THE LD.AR. 4 . HAVING HEARD BOTH THE PARTI ES THROUGH VIDEO CONFERENCE, W E ARE INCLINED TO ALLO W THE APPEAL OF THE ASSESSEE TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD. A R AS THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND THE REVENUE HAS ISSUED FORM 3 TO THE ASSESSEE AS PER THE SCHEME. THE LD. DR HAS ALSO CONCEDED TO THE REQUEST OF THE LD. AR. A CCORDINGLY, WE HEREBY DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSESSEE S CASE IS NOT ACCEPTED IN THE VIVAD - SE - VIS H WAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN THE ASSESSEE SHALL BE AT LIBERTY TO FILE A MISCELLANEOUS PETITION BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE APPEAL. IT IS ORDERED ACCORDINGLY. ITA NO. 1 01 3 /HYD/201 8 : - 3 - : PRONOUNCED IN THE OPEN COURT ON 06 TH JANUARY, 2021. SD/ - SD/ - ( S.S. GODARA ) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 06 - 0 1 - 202 1 OKK COPY TO : 1 .M/S.THIRUMALA CONSTRUCTIONS, C/O. K.VASANT KUMAR, A.V.RAGHU RAM & P.VINOD, ADVOCATES, 610, BABUKHAN ESTATE, BASHEERBAGH , HYDERABAD. 2 . THE INCOME TAX OFFICER , WARD - 5 , WARANGAL . 3 . PR. CIT - 3 , HYDERABAD . 4 .D.R. ITAT, HYDERABAD. 5 .GUARD FILE.