Garagoni Sudarshan Goud, Hyderabad V. Commissioner of Income Tax, (Appeal)-7, Hyderabad

ITA 1359/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1629 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2007-2008
• Appeal Filed On: 29-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: B SHANTI KUMAR
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO. 1359/HYD/2019 ASSESSMENT YEAR: 2007-08 GARAGONI SUDARSHAN GOUD, HYDERABAD [PAN: AICPG4734F] VS INCOME TAX OFFICER, WARD-9(3), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI B.SHANTI KUMAR, AR FOR REVENUE : SHRI ROHIT MUJUMDAR, DR DATE OF HEARING : 08-02-2021 DATE OF PRONOUNCEMENT : 16-02-2021 O R D E R PER BENCH : THIS ASSESSEES APPEAL FOR AY.2007-08 IS DIRECTED A GAINST THE CIT(A)7, HYDERABADS ORDER DATED 18-01-2019 PAS SED IN APPEAL NO.181/CIT(A)-7/2014-15 INVOLVING PROCEEDING S U/S.144 R.W.S. 147 OF THE INCOME TAX ACT, 1961 [IN SH ORT, THE ACT]. 2. AT THE OUTSET, WE ARE INFORMED DURING THE COURSE OF HEARING FROM THE ASSESSEES SIDE THAT ALTHOUGH THE ASSES SEE HAS FILED FOR SETTLEMENT BENEFIT UNDER THE DIRECT TAX VI VAD 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. 1359/HYD/2019 :- 2 -: 3. THE ASSESSEES SOLE IDENTICAL PLEA IN THIS CASE TH EREFROM IS THAT SINCE THE DEPARTMENT IS YET TO FINALISE THE SETTLEME NT PLEAS, THIS APPEAL MAY NOT BE DISMISSED AS WITHDRAWN A S ON DATE. WE FIND NO MERIT IN ASSESSEES ABOVE STATED CONTEN TION PER SE. THE FACT REMAINS THAT THE ASSESSEE HAS ALREADY FILED FO R SETTLEMENT BENEFIT AND THEREFORE, NO PURPOSE WOULD BE SE RVED IF THIS APPEAL IS KEPT PENDING TILL THE TIME THE ABOVE STA TED SETTLEMENT SCHEME IS IN OPERATION. WE DISMISS THIS APP EAL AS WITHDRAWN AND FURTHER MAKE IT CLEAR THAT IT SHALL BE OPE N FOR THE ASSESSEE TO FILE FOR REVIVAL OF HIS CORRESPONDING CASE IF THE SETTLEMENT BENEFIT IS DENIED TO HIM FOR TECHNICAL REASON S. ORDERED ACCORDINGLY. 4. THIS ASSESSEES APPEAL IS DISMISSED AS WITHDRAWN IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH FEBRUARY, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.GO DARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 16-02-2021 TNMM ITA NO. 1359/HYD/2019 :- 3 -: COPY TO : 1.GARAGONI SUDARSHAN GOUD, H.NO.7-2-9, BAIRAMALGUDA VILLAGE, NAGARJUNA SAGAR ROAD, SAROORNAGAR, HYDERAB AD. 2.THE INCOME TAX OFFICER, WARD-9(3), HYDERABAD. 3.CIT(APPEALS)-7, HYDERABAD. 4.PR.CIT-7, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.