A. Satyanarayana Vara Prasad, Hyderabad V. Income Tax Officer, Ward-15(4), Hyderabad

ITA 1033/Hyd/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8128 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 9 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 15-03-2021
• Assessment Year: 2008-2009
• Appeal Filed On: 19-06-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AV RAGHURAM SHRI K C DEVDAS
• Section: 143(3); 13; 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO S. 1033 & 1034 /H/2017 AYS . : 2008 - 09 & 2012 - 13 A. SATYANARAYANA VARA PRASAD, HYDERABAD. PAN A ENPA 4521K VS. INCOME - TAX OFFICER, WARD 15(4), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI AV RAGHURAM FOR SHRI K.C. DEVDAS REVENUE BY: SHRI ROHIT MUJUMDAR DATE OF HEARING: 1 5 /0 3 /2021 DATE OF PRONOUNCEMENT: 19 /0 3 /2021 O R D E R PER BENCH: T HESE TWO APPEALS FILED BY THE ASSESSEE FOR AYS 2008 - 09 AND 2012 - 13 ARE DIRECTED AGAINST CIT(A) - 7 , HYDERABADS SEPARATE ORDERS BOTH DATED 09/02/2017 INVOLVING PROCEEDINGS U/S 143(3) RWS 1 47 THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. ITA NO S . 1033 & 1034 /HYD/ 20 1 7 A. SATYANARAYANA VARA PRASAD, HYD. : - 2 - : 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS OPTED TO AVAIL DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 AND HAD FILED FORM NO. 1 & 2 AND IS AWAITING TO RECEIVE FORM 3 FROM THE REVENUE AND, THEREFORE, REQUESTED THE BENCH FOR PERMISSION TO WITHDRAW THESE APPEALS. 3. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL S OF THE ASSESSEE AS WITHDRAWN SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND IS AWAITING TO RECEIVE FORM - 3 FROM THE REVENUE. A CCORDINGLY, WE HEREBY DISMISS THE APPEAL S OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE 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 ASSESSEE SHALL BE AT LIB ERTY TO FILE MISCELLANEOUS PETITION S BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTAT E HIS APPE ALS . ITA NO S . 1033 & 1034 /HYD/ 20 1 7 A. SATYANARAYANA VARA PRASAD, HYD. : - 3 - : 3. THE ASSESSEES APPEALS ARE DISMISSED AS WITHDRAWN IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 1 9 TH MARCH , 2021 . SD/ - SD/ - (SATBEER SINGH GODARA) (LAXMI PRASAD SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 19 TH MARCH , 20 2 1 . KV C OPY TO : 1 SRI A. SATYANARAYANA, C/O B. NARSING RAO & CO., CAS., PLOT NO. 554, ROAD NO. 92, JUBILEE HILLS, HYD. 96 2 IT O , WARD 15 ( 4 ), HYDERABAD 3 CIT(A) 7, HYDERABAD 4 PR. CIT 7, HYDERABAD. 5 ITAT, DR, HYDERABAD 6 GUARD FILE.