Shantanikethan Homes Private Limited, Hyderabad V. Asst. Commissioner of Income Tax, Central Circle-7, Hyderabad

ITA 1340/Hyd/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0829 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 04-05-2021
• Assessment Year: 2006-2007
• Appeal Filed On: 25-06-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B V PRASAD REDDY
• Section: 143(3); 153C

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER ITA NO.1340/HYD/2018 A.Y. 2006 - 07 SHANTANIKETHAN HOMES PVT LTD., HYDERABAD. PAN: AAJCS 7489 K VS. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 7, HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY SHRI MOHD. AFZAL REVENUE BY SHRI B.V. PRASAD REDDY, DR DATE OF HEARING: 04/05/2021 DATE OF PRONOUNCEMENT: 08 /07/2021 ORDER PER A. MOHAN ALANKAMONY , A.M: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) - 1, GUNTUR IN THE APPEAL NO. 2607/CIT(A - 1)/GNT/2011 - 12, DATED 30/12/2016 PASSED U/S. 143(3) R.W.S 153C OF THE ACT FOR THE A.Y. 2006 - 07. 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 2 NO.1 & 2 AND AWAITING TO RECEIVE FORM - 3 FROM THE RE VENUE. IT WAS THEREFORE PLEADED, THAT THE APPEAL OF THE ASSESSEE MAY BE ALLOWED TO BE WITHDRAWN. 3.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 HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, WE ARE INCLINED TO ALLOW THE APPEAL OF THE A SSESSEE TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD.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 FORMS NO.1, 2 AND AWAITING TO RECEIVE FORM NO.3 FROM THE REVENUE. THE LD. DR HAS ALSO CONCEDED TO THE REQUEST OF THE L D. 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 ACCORDINGLY, WE HEREBY DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN.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 VIVAD - SE - VISWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN THE ASSESSEE SHA LL 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 ACCORDINGLY. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 3 PRONOUNCED IN T HE OPEN COURT ON THE 08 TH JULY, 2021. SD/ - SD/ - ( S.S. GODARA ) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 08 TH JULY , 2021. OKK COPY TO: - 1) SHANTANIKETHAN HOMES PRIVATE LIMITED C/O. MOHD. AFZAL, ADVOCATE, 11 - 5 - 465, SHERSONS RESIDENCY, FLAT NO.402, CRIMINAL COURT ROAD, RED HILLS, HYDERABAD 500004. 2) THE INCOME TAX OFFICER, WARD - 3(1), SIGNATURE TOWERS, KONDAPUR, HYDERABAD. 3) THE CIT(A) - 1, GUNTUR. 4) THE PR. CIT (CENTRAL), HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE