Rasun Exports Private Limited, Hyderabad V. Income Tax Officer, Ward-3(4), Hyderabad

ITA 1495/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9180 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2014-2015
• Appeal Filed On: 04-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S.GODARA, JUDICIAL MEMBER ITA NO. A.Y. APPELLANT RESPONDENT 1494/HYD/19 2012-13 RASUN EXPORTS PVT. LTD., HYDERABAD [PAN: AABCR0773P] INCOME TAX OFFICER, WARD-3(4), HYDERABAD 1495/HYD/19 2013-14 FOR ASSESSEE : SMT. S.SANDHYA, AR FOR REVENUE : SHRI ROHIT MUJUMDAR, DR DATE OF HEARING : 09-03-2021 DATE OF PRONOUNCEMENT : 22-03-2021 O R D E R PER S.S.GODARA, J.M. : THESE TWO ASSESSEES APPEALS FOR AYS.2012-13 & 2013 -14 ARE DIRECTED AGAINST THE CIT(A)3, HYDERABADS ORDER(S ) DATED 27-08-2019 & 29-08-2019 PASSED IN APPEAL NOS.0079/C IT(A)- 3 / HYD / 2015-16 & 0039 / ITO-3(4) / CIT(A)-3 / 20 17-18; RESPECTIVELY. 2. AT THE OUTSET, WE ARE INFORMED DURING THE COURSE OF HEARING FROM THE ASSESSEES SIDE THAT ALTHOUGH IT HAS FILED FOR SETTLEMENT BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME-2020 BY WAY OF FORM NO.1 & 2 BUT FORM(S)-3 I S YET TO BE ISSUED FROM THE DEPARTMENT SIDE IN VIEW THEREOF. 3. THE ASSESSEES SOLE IDENTICAL PLEA IN BOTH THESE AP PEALS THEREFORE IS THAT SINCE THE DEPARTMENT IS YET TO FINALISE I TS ITA NOS. 1494 & 1495/HYD/2019 :- 2 -: SETTLEMENT PLEAS, THESE APPEALS MAY NOT BE DISMISSED AS WITHDRAWN AS ON DATE. WE FIND NO MERIT IN ASSESSEES ABOVE STATED CONTENTION PER SE. THE FACT REMAINS THAT THE ASSESSEE HAS ALREADY FILED FOR SETTLEMENT BENEFIT AND THEREFORE, NO PURPOSE WOULD BE SERVED IF BOTH THESE APPEALS ARE KEP T PENDING TILL THE TIME THE ABOVE STATED SETTLEMENT SCHEME IS IN OPERATION. WE DISMISS BOTH THE APPEALS AS WITHDRAWN AND FURTHER MAKE IT CLEAR THAT IT SHALL BE OPEN FOR THE ASSES SEE TO FILE FOR REVIVAL OF ITS CORRESPONDING CASES IF THE SE TTLEMENT BENEFIT IS DENIED TO IT FOR TECHNICAL REASONS. ORDERED ACCORDINGLY. 4. THESE TWO ASSESSEES APPEALS ARE DISMISSED AS WITHDRAWN IN ABOVE TERMS. A COPY OF THIS COMMON ORDE R BE PLACED IN THE RESPECTIVE CASE FILES. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND MARCH, 2021 SD/- SD/- ( A. MOHAN ALANKAMONY ) ( S.S. GODAR A ) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 22-03-2021 TNMM ITA NOS. 1494 & 1495/HYD/2019 :- 3 -: COPY TO : 1.RASUN EXPORTS PVT. LTD., 6-3-351, II FLOOR, ROAD NO.1, BANJARA HILLS, HYDERABAD. 2.THE INCOME TAX OFFICER, WARD-3(4), HYDERABAD. 3.CIT(APPEALS)-3, HYDERABAD. 4.PR.CIT-3, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.