Sarwan Singh Klair, Hyderabad V. Income Tax Officer, Ward-15(1), Hyderabad

ITA 1147/Hyd/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5702 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 2 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2011-2012
• Appeal Filed On: 05-07-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P SOMASEKHAR REDDY
• Assessee Lawyers: T CHAITANYA KUMAR
• Section: 143(3); 201; 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER (THROUGH VIRTUAL HEARING) ITA NO.1147/HYD/2017 ASSESSMENT YEAR:2011 - 12 SARWAN SINGH KLAIR, HYDERABAD. PAN: ABZPK 1346 F VS. INCOME TAX OFFICER, WARD - 15(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI T. CHAITANYA KUMAR REVENUE BY: SHRI P. SOMASEKHAR REDDY, CIT - DR DATE OF HEARING: 17/09/2020 DATE OF PRONOUNCEMENT: 29 /09/2020 ORDER PER A. MOHAN ALANKAMONY, AM.: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. PRINCIPAL COMMISSIONER OF INCOME TAX - 7 , HYDERABAD IN F. NO. 8/U/S.263/PR.CIT - 7/2015 - 16, DATED 23/11/2015 PASSED U/S. 263 OF THE ACT FOR THE AY 201 1 - 1 2 . 2. THE ASSESSEE HAS RAISED FOUR GROUNDS IN ITS APPEAL WHICH ARE EXTRACTED HEREIN BELOW FOR REFERENCE: - 1. THE ORDER OF THE LD. PRINCIPAL COMMISSIONER OF INCOME TAX IS ERRONEOUS BOTH ON FACTS AND IN LAW. 2 2. THE LD. PRINCIPAL COMMISSIONER OF INCOME TAX ERRED IN GIVING DIRECTIONS TO THE ASSESSING OFFICER FOR FRESH ASSESSMENT WITHOUT GIVING ANY FURTHER OPPORTUNITY. 3. THE LD. PRINCIPAL COMMISSIONER OF INCOME TAX ERRED IN INITIATING THE PROCEEDINGS U/S. 263 OF THE IT AC T WITHOUT CONSIDERING THE ORDER PASSED ON 25/03/2014. 4. THE LD. PRINCIPAL COMMISSIONER OF INCOME TAX OUGHT TO HAVE CONSIDERED THE FACTS THAT THE AO WAS CONSIDERED WHILE COMPLETING THE ASSESSMENT U/S. 143(3) ON 25/03/2014. 5. ANY OTHER GROUND THAT MAY BE URGED A T THE TIME OF HEARING. 3. AT THE TIME OF HEARING, LD. COUNSEL FOR THE ASSESSEE SUBMITTED A PETITION DATED 17/09/2020 SEEKING PERMISSION OF THE BENCH TO WITHDRAW THE ASSESSEES APPEAL. THE LD.AR FURTHER STATED THAT THE ASSESSEE HAD GOT RELIEF FROM THE RE VENUE SUBSEQUENT TO THE ORDER OF THE LD. CIT U/S. 263 OF THE ACT AND THEREFORE THE PRESENT APPEAL HAS BECOME INFRUCTUOUS . LD. DEPARTMENTAL REPRESENTATIVE DID NOT RAISE ANY OBJECTION FOR THE WITHDRAWAL OF THE APPEAL . UNDER THESE CIRCUMSTANCES, W E HEREBY PERMIT THE ASSESSEE TO WITHDRAW HI S APPEAL. 4. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON 29 TH SEPTEMBER, 2020. SD/ - SD/ - (P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 29 TH SEPTEMBER, 2020. OKK 3 COPY TO: - 1. SARWAN SINGH KLAIR C/O. T. CHAITANYAKUMAR, ADVOCATE, FLAT NO.102, GOURI APARTMENT, URDULANE, HIMAYAT NAGAR, HYDERABAD. 2. INCOME TAX OFFICER, WARD - 15(1), HYDERABAD. 3. THE PRINCIPAL COMMISSIONER OF INCOME TAX - 7, HYDERABAD. 4. THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE - 15, HYDERABAD. 5. THE DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. 6. GUARD FILE.