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

ITA 1145/Hyd/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6747 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 7 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 18-01-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 01-06-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.1145 & 1146/HYD/2018 ASSESSMENT YEAR: 2013 - 14 & 2014 - 15 UDAYA HEIGHTS PRIVATE LIMITED, HYDERABAD. PAN: AAACU 7969 B VS. DCIT, CIRCLE - 17(2), HYDERABAD. (APPELLANT) (RESPONDENT) ITA NO.1940/HYD/2017 ASSESSMENT YEAR: 2011 - 12 VENKATESHWARA AGRO AGENCIES, KARIMNAGAR. PAN: AABFV 4254 G VS. INCOME TAX OFFICER, WARD - 3, KARIMNAGAR. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI V. SIVA KUMAR (II) SHRI K.C. DEVDAS REVENUE BY: SHRI ROHIT MUJUMDAR, DR DATE OF HEARING: 18/01/2021 DATE OF PRONOUNCEMENT: 19 /01/2021 ORDER PER A. MOHAN ALANKAMONY , A.M: ALL THESE APPEAL S ARE FILED BY THE ASSESSEE S, AGGRIEVED BY THE ORDER S OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS), HYDERABAD . 2 2. ALL THE ABOVE MENTIONED ASSESSEES HAVE FILED WRITTEN SUBMISSIONS BEFORE US SEEKING WITHDRAWAL OF THEIR RESPECTIVE APPEALS AS THE Y HAVE OPTED TO AVAIL VIVAD SE VISWAS SCHEME. IT IS FURTHER SUBMITTED THAT THE ASSESSEE S HAVE FILED FORM NO.1 & 2 IN ALL THESE CASES AND ALSO RECEIVED FORM - 3 FROM THE REVENUE IN CERTAIN CASES . HENCE, IT IS PRAYED IN THE WRITTEN SUBMISSIONS THAT THE APPEAL S OF THE ASSESSEE S MAY BE ALLOWED TO BE WITHDRAWN . 3. THE LD. DR CONCEDED TO THE REQUEST OF THE ASSESSEES AND THEIR COUNSELS. 4. HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, W E ARE INCLINED TO ALLO W THE APPEAL S OF THE ASSESSEE S TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD. A RS AS THE ASSESSEES HAVE PREFERRED TO AVAIL THE VIVAD - SE - VIS HWAS SCHEME BY FILING FORM NO.1, 2 IN ALL THE INSTANT CASES AND IN SOME CASES THE ASSESSEES HAVE ALSO RECEIVED FORM NO - 3 FROM THE REVENUE. THE LD. DR HAS ALSO CONCEDED TO THE REQUEST OF THE LD. ARS. A CCORDINGLY, WE HEREBY DISMISS THE APPEAL S OF THE ASSES SEES AS WITHDRAWN.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 P ETITION S BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE IR APPEAL. IT IS ORDERED ACCORDINGLY. 3 5. IN THE RESULT, ALL THE ABOVE - MENTIONED APPEAL S OF THE ASSESSEE S ARE DISMISSED AS WITHDRAWN . PRONOUNCED IN THE OPEN COURT ON THE 19 TH JANUARY, 2021. SD/ - SD/ - (SMT. P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 19 TH JANUARY, 2021. OKK COPY TO: - 1) (I) UDAYA HEIGHTS PRIVATE LIMITED, FLAT NO.G - 1, D.NO.1 - 4 - 879/69/B, UDAYAS SURYODAYA, ASHOK NAGAR, HYDERABAD 500 080. (II) VENKATESHWARA AGRO AGENCIES C/O. B. NARSING RAO & CO., CHARTERED ACCOUNTANTS, PLOT NO. 554, ROAD NO.92, JUBILEE HILLS, HYDERABAD 96. 2) DCIT, CIRCLE - 17(2), HYDERABAD. (II) INCOME TAX OFFICER, WARD - 3, KARIMNAGAR. 3) THE CIT(A) - 5, HYDERABAD (II) THE CIT (A) - 2, HYDERABAD. 4) THE PR. CIT - 5, HYDERABAD (II) THE PR. CIT - 2, HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE