ST.Mary's Educational Society , Hyderabad V. Income Tax Officer, Ward-4, Hyderabad

ITA 1404/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1429 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 09-02-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 13-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SNDEEP MEHATA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH SMC , HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.1794/HYD/2019 ASSESSMENT YEAR: 2017 - 18 NAGA BHUSHANAM KANCHARLA, HYDERABAD. PAN: BFNPK 8511 F VS. ACIT, CIRCLE - 15(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: NONE REVENUE BY: SHRI D.J. PRABHAKAR ANAND ITA NO. 1404/HYD/2019 ASSESSMENT YEAR: 2015 - 16 ST. MARYS EDUCATION SOCIETY, HYDERABAD. PAN: AADTS 0227 J VS. INCOME TAX OFFICER (EXEMPTIONS) - 4, HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI A. KIRAN MANOHAR REVENUE BY: SHRI SNDEEP MEHATA, DR DATE OF HEARING: 09/02/2021 DATE OF PRONOUNCEMENT: 10 /02/2021 ORDER BOTH THESE APPEALS ARE FILED BY THE ASSESSEES AGAINST THE ORDERS OF THE LD. CIT(A) , HYDERABAD IN APPEAL NO.0196/CIT(A) - 7/2018 - 19, DATED 24/10/2019 (A.Y.: 2017 - 18) IN THE CASE OF SRI NAGA BHUSHANAM KANCHARLA AND APPEAL NO.10617/CIT(A) - 2 9/HYD/2017 - 18, DATED 2 5/06/2019 (A.Y. 2015 - 16) IN THE CASE OF ST. MARYS EDUCATION SOCIETY. 2. AT THE OUTSET, LD.AR SUBMITTED BEFORE ME THAT THE ASSESSEE S DESIRE TO WITHDRAW THEIR APPEAL AS THE ASSESSEE S HAVE OPTED TO AVAIL VIVAD SE VISWAS SCHEME. HE FURTHER SUBMITTED THAT THE ASSESSEE S HA D FILED FORM NO.1 & 2 AND IS AWAITING TO RECEIVE FORM - 3 FROM THE REVENUE. IT WAS THEREFORE PLEADED, THAT THE APPEAL S OF THE ASSESSEE S MAY BE ALLOWED TO BE WITHDRAWN. 3.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 HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, I AM INCLINED TO ALLO W THE APPEAL S OF THE ASSESSEE S TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD. A R AS THE ASSESSEES HAVE PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AN D IS AWAITING TO RECEIVE FORM - 3 FROM THE REVENUE . THE LD. DR HAS ALSO CONCEDED TO THE REQUEST OF THE LD. AR. A CCORDINGLY, I HEREBY DISMISS THE APPEAL S OF THE ASSESSEES AS WITHDRAWN. HOWEVER, I ALSO MAKE IT CLEAR THAT, IF ANY OF THE ASSESSEE / S CASE / S ARE NOT ACCEPTED IN THE VIVAD - SE - VISWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN THE RESPECTIVE ASSESSEE / S SHALL BE AT LIBERTY TO FILE MISCELLANEOUS PETITION S BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTA TE THE APPEAL / S . IT IS ORDERED ACCORDINGLY. 3 PRONOUNCED IN THE OPEN COURT ON THE TENTH OF FEBRUARY , 2021. SD/ - ( A. MOHAN ALANKAMONY ) ACCOUNTANT MEMBER HYDERABAD, DATED: 10 TH FEBRUARY , 2021. OKK COPY TO: - 1) (I) NAGABHUSHANAM KANCHARLA C/O. KATRAPATI & ASSOCIATES, 1 - 1 - 298/2/B/3, 1 ST FLOOR, ASHOK NAGAR, HYDERABAD 500 020. (II) ST. MARYS EDUCATION SOCIETY, D.NO.1 - 2 - 382/2, FLAT NO.303, STREET NO.5, KIRANMAYEE APTS, LANE NO.1, GAGANMAHEL, HYDERABAD - 500 029. 2) (I) ASST. COMMISSIONER OF INCOME TAX, CIRCLE - 15(1), D - BLOCK, 5 TH FLOOR, IT TOWERS, AC GUARDS, HYDERABAD.(II) INCOME TAX OFFICER (EXEMPTIONS) - 4, 2 ND FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD 500 001. 3) THE CIT(A) - 7 , HYDERABAD . (II) THE CIT (A) - 9, HYDERABAD. 4) THE PR. CIT - 7 , HYDERABAD (II) THE CIT (EXEMPTION), HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE