Chandra Prakash Badam , Nizamabad V. Income Tax Officer, Ward-2, Nizamabad

ITA 1366/Hyd/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9204 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2012-2013
• Appeal Filed On: 29-06-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: K HANMANDLOO

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. 1366/HYD/2018 ASSESSMENT YEAR: 2012-13 SRI CHANDRA PRAKASH BADAM, NIZAMABAD [PAN: ACEPB3617N] VS INCOME TAX OFFICER, WARD-2, NIZAMABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI K.HANMANDLOO, AR FOR REVENUE : SHRI ROHIT MUJUMDAR, DR DATE OF HEARING : 05-01-2021 DATE OF PRONOUNCEMENT : 06-01-2021 O R D E R PER BENCH : THIS ASSESSEES APPEAL FOR AY.2012-13 ARISES FROM TH E CIT(A)-5, HYDERABADS ORDER PASSED IN CASE NO.232/2 017- 18/CIT(A)-5, DATED 11-05-2018. 2. AT THE OUTSET, WE ARE INFORMED DURING THE COURSE OF HEARING FROM THE ASSESSEES SIDE THAT ALTHOUGH HE HAS FILED FOR SETTLEMENT BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME-2020 BY WAY OF FORM NO.1 & 2, FORM-3 IS YET TO BE ISSUED FROM THE DEPARTMENT SIDE IN VIEW THEREOF. 3. THE ASSESSEES SOLE IDENTICAL PLEA IN THIS CASE TH EREFROM IS THAT SINCE THE DEPARTMENT IS YET TO FINALISE THE SETTLEME NT ITA NO. 1366/HYD/18 :- 2 -: PLEA, THIS APPEAL MAY NOT BE DISMISSED AS WITHDRAWN A S ON DATE.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 S ERVED IF ALL THIS APPEAL IS KEPT PENDING TILL THE TIME THE ABOVE STATED 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 WE DISMISS THIS APP EAL AS WITHDRAWN AND FURTHER MAKE IT CLEAR THAT IT SHALL BE OPE N FOR THE ASSESSEE TO FILE FOR REVIVAL OF HIS INSTANT CASE I F THE SETTLEMENT BENEFIT IS DENIED TO HIM FOR TECHNICAL REASON S. ORDERED ACCORDINGLY. 4. THE ASSESSEES APPEAL IS DISMISSED AS WITHDRAWN I N ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH JANUARY, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 06-01-2021 TNMM ITA NO. 1366/HYD/18 :- 3 -: COPY TO : 1.SHRI CHANDRA PRAKASH BADAM, C/O.HANMANDLOO & CO., FLAT NO.404, MOUNT NASIR APARTMENTS, BESIDE RAVINDR A BHARATHI, SAIFABAD, HYDERABAD. 2.THE INCOME TAX OFFICER, WARD-2, NIZAMABAD. 3.CIT(APPEALS)-5, HYDERABAD. 4.THE PR.CIT-5, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.