Pawan Kumar Agarwal , Secunderabad V. Dy. Commissioner of Income Tax , Circle-10(1), Hyderabad

ITA 1267/Hyd/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8881 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2011-2012
• Appeal Filed On: 12-06-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: Y V S T SAI
• Section: 143(3); 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 1 267 /HYD./201 8 ASSESSMENT YEAR: 2011 - 12 SH. PAWAN KUMAR AGARWAL VS. DCIT , CIRCLE 10(1) SECUNDERABAD HYDERABAD PAN: A BQPA3892G & ITA NO. 2005/HYD./2018 ASSESSMENT YEAR: 2011 - 12 SH. PAWAN KUMAR AGARWAL (HUF) VS. ITO, WARD 10(3) SECUNDERABAD HYDERABAD PAN: AAHHP7820E (APPELLANT) (RESPONDENT) FOR A SSESSEE : SH. K.C. DEVDAS, ADV. FOR REVENUE : SH. Y.V.S.T. SAI, D.R. DATE OF HEARING : 06/01 /202 1 DATE OF PRONOUNCEMENT : 06 / 01 /202 1 O R D E R PER SMT. P. MADHAVI DEVI, J.M. BOTH THESE ARE ASSESSEES APPEALS FILED AGAINST THE SEPARATE ORDERS OF CIT(A) - 10 (1) , HYDERABAD DATED 01/03/2018 RELATING TO A.Y. 2011 - 12 AND ORDER OF CIT(A) - 10(3) DATED 02/08/2018 RELATING TO A.Y. 201 1 - 12 PASSED U/S 143(3) R.W.S. 14 7 OF THE INCOME TAX ACT, 1961. ITA NO.1267/H/18 PAWAN KUMAR AGARWAL ITA NO.2005/HYD/2018 PAWAN KUMAR AGARWAL (HUF) AY 2011 - 12 THESE APPEALS WERE TAKEN UP FOR HEARING THROUGH VIDEO CONFERENCE ON 06.01.2021 AND BOTH THE PARTIES WERE HEARD. 2. THE LD.AR FOR THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR BOTH THE A.YS. UNDER CONSIDERATION UNDER VIVAD SE VISHWAS SCHEME, 2020 . HE FURTHER SUBMITTED THAT AN APPLICATION TO THIS EFFECT HAS BEEN FILED BY THE ASSESSEE AND THAT THE ASSESSEE HAS ALSO RECEIVED FORM - 3 . HE REQUESTED THAT THE ASSESSEE MAY BE PERMITTED TO WITHDRAW THE APPEALS. 3. THE LD.DR HAS NO OBJECTION TO THE SAME. 4. IN VIEW OF THE ABOVE, WE ACCEPT THE REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF THE APPEALS AS PR.CIT HAS ISSUED FORM - 3. 5. HOWEVER , THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED A.YS. IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORE - STATED ACT, THE APPELLANT (I.E. THE ASSESSEE) IS AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINS TITUTION OF THE APPEAL S AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION S APPROPRIATE AS PER LAW. THE LD.DR FOR THE REVENUE HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 6. IN THE RESULT, BOTH THESE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON 06 / 01 /202 1 . SD/ - SD/ - (A. MOHAN ALANKAMONY) (P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 06 TH JANUARY, 2021 GMV ITA NO.1267/H/18 PAWAN KUMAR AGARWAL ITA NO.2005/HYD/2018 PAWAN KUMAR AGARWAL (HUF) AY 2011 - 12 COPY OF ORDER FORWARDED TO: 1 . (I) SH. PAWAN KUMAR AGARWAL, PROP. M/S GODAVARI STEELS , 5 - 2 - 199/200, DISTILLERY ROAD, SECUNDERABAD. (II) SH. PAWAN KUMAR AGARWAL (HUF), C/O SEKHAR & CO., C.AS, 133/4, R.P.ROAD, SECUNDERABAD. 2. (I) CIT(A) - 10(1), HYDERABAD. (II) CIT(A) - 10(3), HYDERABA D . 3. CIT(A) - 6, HYDERABAD 4. PR. CIT - 6 , HYDERABAD. 5. D.R. ITAT HYDERABAD 6 . GUARD FILE