SPI Cinema Private Limited , Nellore V. Asst. Commissioner of Income Tax, Circle-14(1), Hyderabad

ITA 1058/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0810 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 7 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 03-02-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 28-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO. 1058/HYD/2019 ASSESSMENT YEAR: 2013-14 SPI CINEMAS PRIVATE LIMITED, NELLORE [PAN: AABCC7343L] VS ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-14(1), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : NONE FOR REVENUE : SHRI SUNIL KUMAR PANDEY, DR DATE OF HEARING : 03-02-2021 DATE OF PRONOUNCEMENT : 25-02-2021 O R D E R PER BENCH : THIS ASSESSEES APPEAL FOR AY.2013-14 IS DIRECTED A GAINST THE CIT(A)6, HYDERABADS ORDER DATED 20-03-2019 PAS SED IN APPEAL NO.0040/2016-17/A3/CIT(A)-6 IN PROCEEDINGS U /S. 143(3) OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT] . NONE APPEARED AT ASSESSEES BEHEST. 2. AT THE OUTSET, WE NOTICE FROM A PERUSAL OF THE LAST OR DER DT.04-01-2021 THAT THE ASSESSEE IS FILING FOR SETTLEMENT BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME-2020 BY WAY OF FORMS NO.1 & 2. WE FIND NO MERIT IN ASSESSEES INSTAN T APPEAL AT THIS STAGE PER SE. SINCE NO PURPOSE WOULD BE SERVED IF THIS ITA NO. 1058/HYD/2019 :- 2 -: APPEAL IS KEPT PENDING TILL THE TIME THE ABOVE STATED S ETTLEMENT SCHEME IS IN OPERATION. WE DISMISS THIS APPEAL AS OF NOW AS NOT PRESSED AND FURTHER MAKE IT CLEAR THAT IT SHALL BE OP EN FOR THE ASSESSEE TO FILE FOR REVIVAL OF ITS CORRESPONDING CASE IF THE SETTLEMENT BENEFIT IS DENIED TO IT FOR TECHNICAL REASONS. ORDERED ACCORDINGLY. 3. THIS ASSESSEES APPEAL IS DISMISSED AS NOT PRESSE D IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH FEBRUARY, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.GO DARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 25-02-2021 TNMM ITA NO. 1058/HYD/2019 :- 3 -: COPY TO : 1.SPI CINEMAS PRIVATE LIMITED, 24-2-1870, II FLOOR, 3 RD CROSS, CENTRAL AVENUE, MAGUNTA LAYOUT, NELLORE. 2.THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-14(1 ), HYDERABAD. 3.CIT(APPEALS)-6, HYDERABAD. 4.PR.CIT-6, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.