Apurva Textile, Chittoor V. Asst. Commissioner of Income Tax, Circle-1(1), Tirupathi

ITA 1068/Hyd/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7571 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 8 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 04-03-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 23-06-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: A V RAGHURAM

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER ITA NO. 1574/HYD/2018 A.Y. 2008 - 09 SMT. ALLAHARI VIJAYA BHARATHI L/R OF LATE SRI A. RANGA RAO, NELLORE. PAN: ADXPA 4058 Q VS. INCOME TAX OFFICER, WARD - 5, NELLORE. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI A.V. RAGHURAM REVENUE BY: SHRI SUNIL KUMAR PANDEY, DR ITA NO. 1372/HYD/2019 A.Y. 2016 - 17 BHUVANESH REALTORS PRIVATE LIMITED, HYDERABAD. PAN: AACCB 6202 A VS. ACIT, CIRCLE - 1(2), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI A.V. RAGHURAM REVENUE BY: SHRI SUNIL KUMAR PANDEY, DR ITA NO. 1068/HYD/2017 A.Y. 2011 - 12 APURVA TEXTILE, CHITTOOR. VS. ACIT, CIRCLE - 1(1), 2 PAN: AAJFA 2195 B TIRUPATI . (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI SHANTHI KUMAR CHAKRAPANI REVENUE BY: SHRI SUNIL KUMAR PANDEY, DR DATE OF HEARING: 04/03/2021 DATE OF PRONOUNCEMENT: 15 /03/2021 ORDER PER A. MOHAN ALANKAMONY , A.M: T HE CAPTIONED THREE APPEALS ARE FILED BY THE ASSESSEES AGAINST THE ORDERS OF THE LD. CIT (A), TIRUPATI AND HYDERABAD. 2. AT THE OUTSET, LD. AR S OF THE RESPECTIVE ASSESSEES SUBMITTED BEFORE US THAT THE ASSESSEE S DESIRE TO WITHDRAW THEIR RESPECTIVE APPEAL S AS THE ASSESSEE S HA VE OPTED TO AVAIL VIVAD SE VISWAS SCHEME. THE LD. ARS FURTHER SUBMITTED THAT ALL THE THREE ASSESSEE S HA D FILED FORM NO.1 & 2 AND ALSO RECEIVED FROM NO.3 , EXCEPT IN THE CASE ITA NO.1068/HYD/2017 WHEREIN THE ASSESSEE IS AWAITING TO RECE IVE ONLY FORM - 3 FROM THE REVENUE. IT WAS THEREFORE PLEADED, THAT THE INSTANT APPEAL S OF THE ASSESSEE S MAY BE ALLOWED TO BE WITHDRAWN. 3 . THE LD. DR CONCEDED TO THE REQUEST OF THE LD.AR. 3 4 . HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, W E ARE INCLINED TO ALLO W THE PRESENT THREE APPEAL S OF THE ASSESSEE S TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD. A R S AS THE ASSESSEE S HA VE PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND ALSO RECEIVED FROM NO.3 EXCEPT IN THE CASE ITA NO.1068/HYD/2017 WHEREIN THE ASSESSEE IS AWAITING TO RECEIVE ONLY FORM - 3 FROM THE REVENUE. THE LD. DR HAS ALSO CONCEDED TO THE REQUEST OF THE LD. AR S . A CCORDINGLY, WE HEREBY DISMISS THE INS TANT APPEAL S OF THE ASSESSEE S BEFORE US AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF ANY OF THE ASSESSEE / S CASE /S ARE NOT ACCEPTED IN THE VIVAD - SE - VISWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN THE RESPECTIVE ASSESSEE /S SHALL BE AT LIBERTY TO FILE MISCELLANEOUS PETITION /S BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE IR RESPECTIVE APPEAL /S . I T IS ORDERED ACCORDINGLY. 5. IN THE RESULT, APP EALS OF THE THREE ASSESSEES ARE DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE 15 TH MARCH, 2021. SD/ - SD/ - (S.S. GODARA) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 15 TH MARCH , 2021. OKK 4 COPY TO: - 1) (I) SMT. ALLAHARI VIJAYA BHARATHI L/R OF LATE SRI A. RANGA RAO, FLAT NO.610, 6 TH FLOOR, BABUKHAN ESTATE, BASHEERBAGH, HYDERABAD. (II) BHUVANESH REALTORS PRIVATE LIMITED, SY. NO. 64, NCC HOUSE, MADHAPUR, HYDERABAD 500 081. (III) M/S. APURVA TEXTILES, C/O. PAWAN KUMAR CHAKRAPANI, M/S. V.M. CHAKRAPANI & CO., CHARTERED ACCOUNTANTS, 5 - 5 - 8/9 & 10, 2 ND FLOOR, SRINIVASA BUILDING, RANIGUNJ, SECUNDERABAD 50 003. 2) (I) INCOME TAX OFFICER, 24 - 2 - 438, GNT ROAD, DARGAMITTA, NELLORE 524 003. (II) ASST. COMMISSIONER OF INCOME TAX, CIRCLE - 1(2), 7 TH FLOOR, B - BLOCK, IT TOWERS, HYDERABAD 500 004. (III) ACIT, CIRCLE - 1(1), TIRUPATI. 3) (I) THE CIT(A) , TIRUPATI. (II) THE CIT (A) - I, HYDERABAD. (III) THE CIT (A) - TIRUPATI. 4) (I) THE PR. CI T, TIRUPATI. (II) THE PR. CIT, CIRCLE - 1, HYDERABAD. (III) THE PR. CIT, TIRUPATI. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE