Dhruv Kumar Gupta HUF, Hyderabad V. Income Tax Officer, Ward-7(1), Hyderabad

ITA 1246/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0844 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 25-02-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 09-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES SMC, HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER I.T.A. NO. 1246/HYD/2019 ASSESSMENT YEAR: 2015-16 DHRUV KUMAR GUPTA HUF, HYDERABAD [PAN: AACHD1029C] VS INCOME TAX OFFICER, WARD-7(3), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : NONE FOR REVENUE : SMT. N.SWAPNA, FOR SHRI V.M.MAHIDHAR, DR DATE OF HEARING : 25-02-2021 DATE OF PRONOUNCEMENT : 02-03-2021 O R D E R THIS ASSESSEES APPEAL FOR AY.2015-16 IS DIRECTED A GAINST THE CIT(A)3, HYDERABADS ORDER DATED 20-05-2019 PAS SED IN APPEAL NO.10030/ITO-7(3)/HYD/CIT(A)-3/2017-18 INVOL VING PROCEEDINGS U/S.271B OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT]. 2. NONE HAS APPEARED AT ASSESSEES BEHEST. I NOTICE FR OM THE FILE NOTING DT.23-11-2020 MENTIONING THAT THE ASSESSEE H AS FILED FOR SETTLEMENT BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME-2020 BY WAY OF FORM NO.1 & 2 BUT FORM (S)-3 IS YET TO BE ISSUED FROM THE DEPARTMENT SIDE. ITA NO. 1246/HYD/2019 :- 2 -: 3. I THEREFORE FIND NO MERIT IN ASSESSEES INSTANT APPE AL PER SE SINCE IT HAS ALREADY FILED FOR SETTLEMENT BENEFIT AND THEREFORE, NO PURPOSE WOULD BE SERVED IF THIS APPEAL IS KEPT PENDING TILL THE TIME THE ABOVE STATED SETTLEMENT SCHEME IS IN OPERATION. I DISMISS THIS APPEAL AS WITHDRAWN AND FURTH ER MAKE IT CLEAR THAT IT SHALL BE OPEN FOR THE ASSESSEE TO F ILE FOR REVIVAL OF HIS CORRESPONDING CASE IF THE SETTLEMENT BEN EFIT IS DENIED TO THE ASSESSEE FOR TECHNICAL REASONS. ORDERED ACCORDINGLY. 4. THIS ASSESSEES APPEAL IS DISMISSED AS WITHDRAWN IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON THE 2 ND MARCH, 2021 SD/- ( S.S.GODARA ) JUDICIAL MEMBER HYDERABAD, DATED: 02-03-2021 TNMM ITA NO. 1246/HYD/2019 :- 3 -: COPY TO : 1.DHRUV KUMAR GUPTA HUF, C/O.SIDDHARTH TOSHNIVAL, ADVOCATE, 3-5-144/5, EDEN GARDEN, HYDERABAD. 2.THE INCOME TAX OFFICER, WARD-7(3), HYDERABAD. 3.CIT(APPEALS)-3, HYDERABAD. 4.PR.CIT-3, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.