Shailesh Tapadia , Hyderabad V. Income Tax Officer, Ward-12(4), Hyderabad

ITA 1385/Hyd/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1093 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 06-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: LAXMINIWAS SHAR MA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES SMC, HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER I.T.A. NO. 1385/HYD/2019 ASSESSMENT YEAR: 2015-16 SHAILESH TAPADIA, HYDERABAD [PAN: ACCPT6351R] VS INCOME TAX OFFICER, WARD-12(4), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI LAXMINIWAS SHARMA, AR FOR REVENUE : SHRI ROHIT MUJUMDAR, DR DATE OF HEARING : 16-12-2020 DATE OF PRONOUNCEMENT : 17-12-2020 O R D E R THIS APPEAL IS FILED BY THE ASSESSEE AGGRIEVED BY TH E ORDER OF THE LD.COMMISSIONER OF INCOME TAX (APPEALS) 1, HYDERABAD, IN APPEAL NO.10092/2018-19/ITO, 12(4)/CI T(A)-1/ HYD/2019-20, DATED 08-07-2019. 2. AT THE OUTSET, LD.AR SUBMITTED BEFORE ME THAT THE ASSESSEE DESIRES TO WITHDRAW HIS APPEAL AS THE ASSESSE E OPTED TO AVAIL VIVAD SE VISWAS SCHEME. HE FURTHER SUBMITTED THAT THE ASSESSEE HAS FILED FORM NO.1 & 2 AND HAS RECEIVE D THE FORM-3 FROM THE REVENUE. IT WAS FURTHER SUBMITTED THAT THE PENDING TAX SHALL BE ADJUSTED BY THE REVENUE FROM THE REFUND DUE AND HENCE THERE IS NO OUTSTANDING AMOUNT THAT IS TO BE PAID BY THE ASSESSEE. IT WAS THEREFORE PLEADED, THAT THE APPEAL OF THE ASSESSEE MAY BE ALLOWED TO BE WITHDRAWN. ITA NO.1385/HYD/2019 :- 2 -: 3. THE LD.DR CONCEDED TO THE REQUEST OF THE LD.AR. 4. HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERE NCE, I AM INCLINED TO ALLOW THE APPEAL OF THE ASSESSEE TO B E WITHDRAWN YIELDING TO THE PRAYER OF THE LD.AR AND ACCO RDINGLY, HEREBY DISMISS THE APPEAL AS WITHDRAWN. HOWEVER, I AL SO 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 SHALL BE AT LIBERTY TO FILE A MISCELLANEOUS PETITION BEFORE THE TRIBUNAL WITHIN THE TI ME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE APPEAL. IT IS O RDERED ACCORDINGLY. 5. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON THE 17 TH DECEMBER, 2020 SD/- ( A. MOHAN ALANKAMONY ) ACCOUNTANT MEMBER HYDERABAD, DATED: 17-12-2020 TNMM ITA NO.1385/HYD/2019 :- 3 -: COPY TO : 1.SHRI SHAILESH TAPADIA, # 7-1-67/1/306, DHARAM KAR AM ROAD, BALKAMPET, HYDERABAD. 2.THE INCOME TAX OFFICER, WARD-12(4), HYDERABAD. 3.CIT(APPEALS)-1, HYDERABAD. 4.THE PR.CIT-1, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.