Murali Narayan Rathi , Hyderabad V. Income Tax Officer, Ward-5(1), Hyderabad

ITA 1067/Hyd/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7084 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 1 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2015-2016
• Appeal Filed On: 28-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO. 1 067 /H/20 19 ASSESSMENT YEAR: 20 1 5 - 16 SRI MURALI NARAYAN RATHI HYDERABAD PAN A BGPR8665K VS. ITO, WARD 5(1) HYDERABAD (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI K.C. DEV DAS REVENUE BY SHRI A. VENKATA RAO DATE OF HEARING: 18 /0 8 /2021 DATE OF PRONOUNCEMENT: 24 /0 8 /2021 O R D E R PER LAXMI PRASAD SAHU, A.M. : THIS APPEAL FILED BY THE ASSESSEE FOR AY 20 15 - 16 IS DIRECTED AGAINST CIT(A) - 4 , HYDERABADS ORDER DATED 23 / 04 /201 9 INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 ; [ IN SHORT THE ACT ] . 2. AT THE OUTSET, THE LD. AR SUBMITTED THAT THE ASSESSEE HAS OPTED TO AVAIL THE BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 IN PRESCRIBED FORM S 1 AND 2, AND FORM 3 ALSO WAS ISSUED BY THE PR.CIT - 4 , COP Y OF WHICH IS PLACED ON ITA NO. 1067 /HYD/2019 SRI MURALI NARAYAN RATHI, HYDERABAD : - 2 - : RECORD, AND REQUESTED THE BENCH TO PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL. 3. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL OF THE ASSES SEE AS WITHDRAWN , SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME AND ALSO RECEIVED FORM - 3 IN TUNE THERETO , WITH A RIDER THAT IT SHALL BE VERY MUCH OPEN FOR THE ASSESSEE TO FILE FOR REVIVAL OF TH IS CASE, IF THE SETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO THE ASSESSEE FOR TECHNICAL REASONS. 4 . IN THE RESULT, ASSESSEES APPEAL IS DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 24 TH AUGUST, 2021. SD/ - SD/ - (S. S. GODARA) (L.P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 2 4 TH AUGUST, 2021. *GMV COPY TO : 1 SRI MURALI NARAYAN RATHI, D.NO 4 - 7 - 746, ESAMIA BAZAR, HYDERABAD 500 0 27 2 ITO, WARD 5(1), HYDERABAD 3 ACIT, RANGE 5 , HYDERABAD 4 CIT(A) - 4 , HYDERABAD 5 PR . CIT - 4 , HYDERABAD 6 ITAT, DR, HYDERABAD 7 GUARD FILE. ITA NO. 1067 /HYD/2019 SRI MURALI NARAYAN RATHI, HYDERABAD : - 3 - : S.NO. DETAILS DATE 1 DRAFT DICTATED ON 2 DRAFT PLACED BEFORE AUTHOR 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 5 APPROVED DRAFT COMES TO THE SR. PS/PS 6 KEPT FOR PRONOUNCEMENT 7 FILE SENT TO BENCH CLERK 8 DATE ON WHICH THE FILE GOES TO HEAD CLERK 9 DATE ON WHICH FILE GOES TO A.R. 10 DATE OF DISPATCH OF ORDER