C. Swarna Gowri, Hyderabad V. Income Tax Officer, Ward-15(4), Hyderabad

ITA 1035/Hyd/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1084 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 16-12-2020
• Assessment Year: 2008-2009
• Appeal Filed On: 19-06-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: O; ROHIT MAJUMDAR ITA NO S H

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY , ACCOUNTANT MEMBER (THROUGH VIRTUAL CONFERENCE) S.NO. ITA NO. AY APPELLANT RESPONDENT 1 1032/H/17 2008 - 09 C. VENKATESWARA RAO, HYD. PAN - ACVPC 0716E INCOME - TAX OFFICER, WARD 15(4), HYD. 2 1035/H/17 2008 - 09 C. SWARNA GOWRI, HYD. PAN - AISPC 8930D - DO - 3 1036/H/17 2008 - 09 G. RAVI KUMAR REDDY, HYD. PAN - AIOPG 2241F - DO - 4 1037/H/17 2008 - 09 M. ANTHONY REDDY, HYD. PAN - AKJPM9894M - DO - DATE OF HEARING : 16 - 1 2 - 20 20 DATE OF PRONOUNCEMENT : 17 - 1 2 - 20 20 O R D E R PER SMT. P. MADHAVI DEVI, J.M. : TH ESE ARE ASSESSEE S APPE AL S FILE D AGAINST THE ORDER S OF CIT(A) 7 , HYDERABAD RELATING TO AY 20 08 - 09. FOR ASSESSEE : SHRI K.C. DEVDAS FOR REVENUE : SHR I ROHIT MAJUMDAR ITA NO S . 1032/H/17 AND OTHERS C. VENKATESWARA RAO AND OTHERS : - 2 - : 2. TH ESE APPEAL S FILED BY THE ASSESSEE S W ERE TAKEN UP FOR HEARING THROUGH VIDEO CONFERENCE ON 16 /1 2 /2020 AND BOTH THE PARTIES WERE HEARD. 3. THE LD.AR FOR THE ASSESSEE S HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL S FILED BY THE ASSESSEE S STATING THAT THE ASSESSEE S HA VE OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE A.Y. UNDER CONSIDERATION UNDER VIVAD SE VISHWAS SCHEME, 2020. HE FURTHER SUBMITTED THAT APPLICATION S TO THIS EFFECT HA VE BEEN FILED BY THE ASSESSEE S AND THAT THE ASSESSEE S HA VE ALSO RECEIVE D FORM - 3. 3. THE LD. DR HAS NO OBJECTION TO THE SAME. 4. IN VIEW OF THE ABOVE, WE ACCEPT THE REQUEST OF THE ASSESSEE S FOR WITHDRAWAL OF THE APPEAL S AS PR.CIT - 4 HAS ISSUED FORM - 3. 5. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED A.Y. IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORE - STATED ACT, THE APPELLANT S (I.E. THE ASSESSEE S ) ARE AT LIBERTY TO APPROACH THE TRIBUNAL F OR REINSTITUTION OF THE APPEAL S AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION S APPROPRIATE AS PER LAW. THE LD. DR FOR THE REVENUE HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. ITA NO S . 1032/H/17 AND OTHERS C. VENKATESWARA RAO AND OTHERS : - 3 - : 6. IN THE RESULT, THE APPEAL S OF THE ASSESSEE S ARE DISMISSED AS WITHDRAWN. ORDER P RONOUNCED IN THE OPEN COURT ON 17 TH DECEMBER, 20 20 . SD/ - SD/ - ( A. MOHAN ALANKAMONY ) ( P. MADHAVI DEVI ) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDE RABAD, DATED : 17 TH DECEMBER , 20 20 . KV C OPY TO : 1 C. VENKATESWARA RAO, HYD. C/O B. NARSING RAO & CO., CAS., PLOT NO. 554, ROAD NO. 92, JUBILEE HILLS, HYD. 96 2 C. SWARNA GOWRI, HYD. 3 G. RAVI KUMAR REDDY, HYD. 4 M. ANTHONY REDDY, HYD. 5 ITO, WARD 15(4), HYD. 6 CIT(A) 7, HYDERABAD 7 PR. CIT 7, HYDERABAD 8 D.R. ITAT, HYDERABAD. 9 GUARD FILE