Padmanabhuni Ramesh Kumar , Secunderabad V. Dy. Commissioner of Income Tax , Circle-17(2), Hyderabad

ITA 1124/Hyd/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8697 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 7 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2014-2015
• Appeal Filed On: 29-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: Y V S T SAI
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.1124/HYD/2018 ASSESSMENT YEAR:2014 - 15 PADMANABHUNI RAMESH KUMAR, SECUNDERABAD. PAN: ACHPP 4719 N VS. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 10(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI A. SRINIVAS REVENUE BY: SHRI Y.V.S.T. SAI, CIT - DR DATE OF HEARING: 06/01/2021 DATE OF PRONOUNCEMENT: 07/01/2021 ORDER PER A. MOHAN ALANKAMONY, AM.: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT (A ) - 6, HYDERABAD IN APPEAL NO. 0409/2016 - 17/A3/CIT(A) - 6, DATED 26/3/2018 PASSED U/S. 143(3) R.W.S 250(6) OF THE ACT FOR THE A.Y.: 2014 - 15. 2. AT THE OUTSET, LD.AR SUBMITTED BEFORE US THAT THE ASSESSEE DESIRES TO WITHDRAW HIS APPEAL AS THE ASSESSEE HAS OPTED TO AVAIL VIVAD SE VISWAS SCHEME. HE FURTHER SUBMITTED THAT THE ASSESSEE HAD FILED FORM NO.1 & 2 AND IS AWAITING TO RECEIVE FORM - 3 FROM THE REVENUE. IT WAS THEREFORE PLEADED, THAT THE APPEAL OF THE ASSESSEE MAY BE ALLOWED TO BE WITHDRAWN. 3. THE LD. DR CONCEDED TO THE REQUEST OF THE LD.AR. 4. HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, WE ARE INCLINED TO ALLOW THE APPEAL OF THE ASSESSEE TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD. AR AS THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2. THE LD. DR HAS ALSO CONCEDED TO THE REQUEST OF THE LD. AR. ACCORDINGLY, WE HEREBY DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSESSEES CASE IS NOT ACCEPTED IN THE V IVAD - SE - VISWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN THE ASSESSEE SHALL BE AT LIBERTY TO FILE A MISCELLANEOUS PETITION BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE APPEAL. IT IS ORDERED ACCORDI NGLY. PRONOUNCED IN THE OPEN COURT ON 07 TH JANUARY, 2021. SD/ - SD/ - (P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 07 TH JANUARY, 2021. OKK COPY TO: - 1. SRI PADMANABHUNI RAMESH KUMAR, 1 - 8 - 138/B AND C. JEEVARATHNA NILAYAM, P.G. ROAD, NEAR SINDHI COLONY, SECUNDERABAD. 2. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE - 10(1), HYDERABAD. 3. THE CIT (A) - 6, HYDERABAD. 4. THE PRINCIPAL COMMISSIONER OF INCOME TAX - 6, HYDERABAD. 5. THE DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. 6. GUARD FILE