Uttara Bakers Private Limited , Hyderabad V. Dy. Commissioner of Income Tax , Circle-17(2), Hyderabad

ITA 1091/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1649 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 7 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2015-2016
• Appeal Filed On: 03-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SACHIN JAISWAL
• Section: 201; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER IT A NO. 1091 /H/201 9 ASSESSMENT YEAR: 20 15 - 16 UTTARA BAKERS PVT. LTD. , HYDERABAD. PAN A ABCV4488 J VS. DY . COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE 1 7(2) , HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI SACHIN JAISWAL FOR SHRI KISHORE P. REVENUE BY: SHRI ROHIT MUJUMDAR DATE OF HEARING: 0 8 /0 2 /2021 DATE OF PRONOUNCEMENT: 16 /0 2 /2021 O R D E R PER BENCH: T H IS ASSESSEE S APPEAL FOR AY 20 15 - 16 IS DIRECTED AGAINST THE C I T(A) - 1 , HYDERABAD S ORDER DATED 2 3 / 0 1 / 201 8 PASSED IN APPEAL NO. 02 39/2017 - 18/DCIT, CIRCLE 17(2) /CIT(A) 1/ HYD /2018 - 19 INVOLVING P ROCEEDINGS U/S 1 43( 3) OF THE INCOME TAX ACT , 1961 ; IN SHORT THE ACT. I TA NO. 1091 /HYD/1 9 UTTARA BAKERS PVT. LTD., HYD. : - 2 - : 2. AT THE OUTSET, WE ARE INFORMED DURING THE COURSE OF HEARING FROM THE ASSESSEES SIDE THAT THEY HAVE FILED FOR SETTLEMENT BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 IN PRESCRIBED FORM NO.1 & 2 AND FORM(S) - 3 IN TUNE THERETO; ALSO STAND ISSUED. 3. THE ASS ESSEES SOLE IDENTICAL PLEA IN THIS CASE IS THAT SINCE THE DEPARTMENT IS YET TO FINALISE THE SETTLEMENT IN TUNE WITH FORM(S) - 3 ISSUED UNDER THE SCHEME, THESE APPEAL MAY NOT BE DISMISSED AS WITHDRAWN AS ON DATE. WE FIND NO MERIT IN ASSESSEES CONTENTION PER SE. THE FACT REMAINS THAT THEY HAVE ALREADY BEEN ISSUED FORM(S) - 3, NO PURPOSE WOULD BE SERVED IF ALL TH IS CASE IS KEPT PENDING. WE THEREFORE ORDER THAT TH IS APPEAL BE TREATED AS DISMISSED AS WITHDRAWN WITH A RIDER THAT IT SHALL BE VERY MUCH OPEN FOR THE ASSESSEE E TO FILE FOR REVIVAL OF TH IS CASE, IF THE SETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO IT FOR TECHNICAL REASONS. I TA NO. 1091 /HYD/1 9 UTTARA BAKERS PVT. LTD., HYD. : - 3 - : 4. IN THE RESULT, A SSESSEES APPEAL IS DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 16 TH FEBRUARY , 2021 . SD/ - SD/ - ( LAXMI PRASAD SAHU) ( S.S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDE RABAD, DATED : 16 TH FEBRUARY , 20 2 1 K V C OPY TO : 1 UTTARA BAKERS PVT. LTD., LDCC 8 - 1 - 284, PLOT NO. 404, OPP. TELANGANA GRAMINA BANK, OU COLONY, SHAIKPET, HYDERABAD 500 008 2 D CIT, CIRCLE 1 7(2) , SIGNATURE TOWERS, SY. NO. 6(P) OF KONDAPUR, SY. 37(P) OF KOTHAGUDA, OPP. BOTANICAL GARDENS, SERINGAMPALLY (M), RR DIST. HYD 500 0 84 . 3 C I T(A) 1 , HYDERABAD. 4 PR. CIT - 1, HYDERABAD 5 ITAT, DR, HYDERABAD. 6 GUARD FILE.