Tummala Sachendra, Hyderabad, Hyderabad V. ACIT, Circle-12(1) Hyderabad, Hyderabad

ITA 1476/HYD/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2683 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 7 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2010-2011
• Appeal Filed On: 02-11-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAVI KIRAN
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH , HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 414 /HYD/20 16 (AY: 20 10 - 11) ITA NO. 1476/HYD/2016 (AY: 2010 - 11) TUMMALA SACHENDRA, HYDERABAD. PAN: AHQPT 3248 N VS. ACIT, CIRCLE - 1 2( 1 ), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: NONE REVENUE BY: SHRI RAVI KIRAN, CIT - DR DATE OF HEARING: 22/06/2021 DATE OF PRONOUNCEMENT: 24 /06/2021 ORDER PER A. MOHAN ALANKAMONY, AM.: BOTH THESE APPEALS ARE FILED BY THE ASSESSEE FOR THE AY 2010 - 11 . ITA NO. 414/HYD/2016 IS FILED AGAINST THE ORDER OF THE LD. PRINCIPAL COMMISSIONER OF INCOME TAX - 2 , HYDERABAD IN F.NO.48/PR. CIT - 2/263(11) 2015 - 16, DATED 24/02/2016 PASSED U/S. 263 OF THE ACT. ITA NO. 1476/HYD/2016 IS FILED AGAINST THE ORDER OF THE LD. CIT (A) - 2, HYDERABAD IN APPEAL NO. 0128/2014 - 15, DATED 28/06/2016. 2. AT THE TIME OF HEARING, NONE APPEARED BEFORE US TO REPRESENT THE CASE OF THE ASSESSEE. ON PERUSAL OF THE RECORD, WE FIND THAT THE ASSESSEE DESIRES TO WITHDRAW HIS INSTANT APPEALS AS THE ASSESSEE HAS OPTED TO AVAIL VIVAD SE VISWAS SCHEME. IT WAS FURTHER OBSERVED THAT THE ASSESSEE HAD FILED FORM NO.1 & 2 AND FORM - 3 WAS ALSO RECEIVED FROM THE REVENUE IN BOTH THE APPEALS. 3. THE LD. DR SUBMITTED THAT IF THE ASSESSEE WISHES TO OPT VIVAD SE - VISHWAS SCHEME, THE DEPARTMENT HAS NO OBJECTION. 4. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE , WE ALLOW THE APPEAL S OF THE ASSESSEE TO BE WITHD RAWN SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORMS NO.1, 2 AND FORM NO.3 WAS ALSO RECEIVED FROM THE REVENUE. THE LD. DR HAS ALSO CONCEDED TO THE REQUEST OF THE ASSESSEE . ACCORDINGLY, WE HEREBY DISMISS THE APPEAL S OF THE ASSES SEE AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSESSEES CASE /S 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 /S BEFORE T HE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE APPEAL /S . IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, TWO APPEAL S OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE 24 TH JUNE, 2021 . SD/ - SD/ - (P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 24 TH JUNE , 2021 OKK COPY TO: - 1) TUMMALA SACHENDRA, D - 105, JAYABHERI ORANGE COUNTRY, NANAKRAMGUDA, GACHIBOWLI, HYDERABAD. 2) ACIT, CIRCLE - 2(2), R.NO. 824, B - BLOCK, 8 TH FLOOR, IT TOWERS, A.C. GUARDS, HYDERABAD. (II) ACIT, CIRCLE - 2(2), SIGNATURE TOWERS, OPP. BOTANICAL GARDEN, KONDAPUR, HYDERABAD. 3) THE ADDL. CIT , RANGE - 2, HYDERABAD. (II) THE CIT (A) - 2, HYDERABAD. 4) THE PR. CIT - 2, HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE