Naresh Kumar karwa (HUF) , Hyderabad V. Income Tax Officer, Ward-7(2) , Hyderabad

ITA 1031/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3392 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 11 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2015-2016
• Appeal Filed On: 21-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: MANOJ KUMAR DAGA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S.GODARA, JUDICIAL MEMBER I.T.A. NO. 1031/HYD/2019 ASSESSMENT YEAR: 2015-16 NARESH KUMAR KARWA (HUF), HYDERABAD [PAN: AABHN9366B] VS ITO, WARD-7(2), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI MANOJ KUMAR DAGA, AR FOR REVENUE : SHRI ROHIT MUJUMDAR , DR DATE OF HEARING : 07-05-2021 DATE OF PRONOUNCEMENT : 11-06-2021 O R D E R PER S.S.GODARA, J.M. : THIS ASSESSEES APPEAL FOR AY.2015-16 ARISES FROM CIT(A)-3, HYDERABADS ORDER DATED 30-04-2019 PASSED IN APPEAL NO.0145/ITO-7(2)/HYD/CIT(A)-3/2017-18, IN PROCEEDINGS U/S.143(3) OF THE INCOME TAX ACT, 1961 [I N SHORT, THE ACT]. 2. AT THE OUTSET, WE ARE INFORMED DURING THE COURSE OF HEARING FROM THE ASSESSEES SIDE THAT IT HAS FILED FOR SETTLEMENT BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME-2 020 IN PRESCRIBED FORM NO.1 & 2 AND FORM-3 IN TUNE THERETO; A LSO STANDS ISSUED. ITA NO. 1031/HYD/2019 :- 2 -: 3. THE ASSESSEES SOLE PLEA IN THIS CASE IS THAT SINCE THE DEPARTMENT IS YET TO FINALISE THE SETTLEMENT IN TUNE WITH FORM(S)-3 ISSUED UNDER THE SCHEME, THIS APPEAL MAY NO T BE DISMISSED AS WITHDRAWN AS ON DATE. WE FIND NO MERIT I N ASSESSEES CONTENTIONS PER SE. THE FACT REMAINS THAT THE ASSESSEE HAS ALREADY BEEN ISSUED FORM-3, NO PURPOSE WOULD BE SERVED IF THIS CASE IS KEPT PENDING. WE THEREFORE O RDER THAT THIS APPEAL BE TREATED AS DISMISSED AS WITHDRAWN WITH A RIDER THAT IT SHALL BE VERY MUCH OPEN FOR THE ASSESSEE TO FILE FOR REVIVAL OF THIS CASE, IF THE SETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO IT FOR TECHNICAL REASONS. 4. THIS ASSESSEES APPEAL IS DISMISSED AS WITHDRAWN IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH JUNE, 2021 SD/- SD/- ( A. MOHAN ALANKAMONY ) ( S.S. GODAR A ) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 11-06-2021 TNMM ITA NO. 1031/HYD/2019 :- 3 -: COPY TO : 1.NARESH KUMAR KARWA (HUF), 14-6-39, NAGAR KHANA, BEGUM BAZAR, HYDERABAD. 2.THE INCOME TAX OFFICER, WARD-7(2), HYDERABAD. 3.CIT(APPEALS)-3, HYDERABAD. 4.PR.CIT-3, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.