Madhuvan Restaurant & Bar, Hyderabad V. Income Tax Officer, Ward-11(4), Hyderabad

ITA 1086/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0874 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 7 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 02-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 101

Judgement Text

ITA NO 1086 OF 2019 MADHUVAN RESTAURANT AND BAR HYDERABAD PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD SMC BENCH, HYDERABAD (THROUGH VIDEO CONFERENCING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER ITA NO.1086/HYD/2019 ASSESSMENT YEAR: 2015-16 MADHUVAN RESTAURANT & BAR, HYDERABAD PAN:AAUFM5259M VS. INCOME TAX OFFICER WARD 11(4) HYDERABAD (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI YOGESH, ACCOUNTANT REVENUE BY : SRI K.N. SURESH BABU, DR DATE OF HEARING: 15/02/2021 DATE OF PRONOUNCEMENT: 24/02/2021 ORDER THIS IS ASSESSEES APPEAL FOR THE A.Y 2015-16 AGAIN ST THE ORDER OF THE CIT (A)-1, HYDERABAD, DATED 16.1.2 019. THIS APPEAL IS FILED WITH THE DELAY OF 101 DAYS. THIS MA TTER CAME UP FOR HEARING ON 15.2.2021 AND AT THAT TIME IT WAS BROUGH T TO THE NOTICE OF THE BENCH THAT THE ASSESSEE HAD FILED ITA NO.568/HYD/2019 AGAINST THE ORDER OF THE CIT (A)-1 HYDERABAD DATED 16.1.2019 AND THE APPEAL WAS DISMISSED VIDE O RDERS DATED 2.8.2019, FOR WANT OF REPRESENTATION AND ALSO FOR N ON-FILING OF ANY EVIDENCE CONTRARY TO THE FINDINGS OF THE CIT (A). T HE ASSESSEE HAS FILED THE PRESENT APPEAL IN ITA NO.1086/HYD/2019 AG AINST THE VERY SAME ORDER OF THE CIT (A) AND THEREFORE, IT IS NOT MAINTAINABLE. FURTHER, AT THE TIME OF HEARING, THE ACCOUNTANT OF THE ASSESSEE APPEARED DURING THE VIRTUAL HEARING AN D SUBMITTED THAT THE ASSESSEE IS PAYING TAXES CONSEQUENT TO DIS MISSAL OF THE APPEAL BY THE TRIBUNAL IN ITA NO.568/HYD/2019 AND T HEREFORE, THE ASSESSEE DOES NOT WISH TO PRESS THIS APPEAL IN ITA ITA NO 1086 OF 2019 MADHUVAN RESTAURANT AND BAR HYDERABAD PAGE 2 OF 2 NO.1086/HYD/2019. IN VIEW OF THE SAID STATEMENT ALS O, THIS IS APPEAL IS LIABLE TO BE DISMISSED. ACCORDINGLY, THE ASSESSEES APPEAL IS DISMISSED, 2. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH FEBRUARY, 2021. SD/- (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 24 TH FEBRUARY, 2021. VINODAN/SPS COPY TO: 1 MADHUVAN RESTAURANT & BAR, H.NO.8-58-311, G1, GAT EWAY COMP[LEX, COCO COLA X ROAD, BACHUPALLY, HYDERABAD 5 00090 2 ITO WARD 11(4) HYDERABAD 3 CIT (A)-1 HYDERABAD 4 PR. CIT - 1 HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER