Sri Krishna Rathi , Hyderabad V. Income Tax Officer, Ward-5(1), Hyderabad

ITA 1498/Hyd/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3103 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 11 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2014-2015
• Appeal Filed On: 06-07-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B KAVITHA RANI
• Assessee Lawyers: K A SAI PRASAD K C DEVDAS
• Section: 143(3)

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH SMC, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 1498/HYD/2018 A.Y. 2014 - 15 SRI KRISHNA RATHI, HYDERABAD 500 027. PAN: AEXPR 1465 H VS. INCOME TAX OFFICER, WARD - 5(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI K.A. SAI PRASAD FOR K.C. DEVDAS REVENUE BY: SMT. B. KAVITHA RANI, DR ITA NO. 1131/HYD/2019 A.Y. 2014 - 15 M/S. GOVIND DAS MUNDADA HUF, HYDERABAD. PAN: AACHG 2086 A VS. INCOME TAX OFFICER, WARD - 7(3), KONDAPUR, HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SMT. SHILPA MANIYAR REVENUE BY: SMT. B. KAVITHA RANI, DR DATE OF HEARING: 14/06/2021 DATE OF PRONOUNCEMENT: 17 /06/2021 ORDER BOTH THE CAPTIONED APPEALS ARE FILED BY THE ASSESSEES AGAINST THE ORDERS OF THE LD. CIT(A) - 4 , HYDERABAD IN APPEAL NO. 0314/2016 - 17/ITO, WARD - 5(1)/CIT(A) - 4/HYD/18 - 19, DATED 19/4/2018 (ITA NO. 2 1498/HYD/2018) AND APPEAL NO.4/10139/18 - 19/ITO - W - 13(3)/CIT(A) - 4/HYD/18 - 19, DATED 02/04/2019 (ITA NO.1131/HYD/2019) PASSED U/S. 143(3) R.W.S 250(6) OF THE ACT FOR THE AY : 2014 - 15. 2. AT THE OUTSET, LD. AR S OF THE RESPECTIVE ASSESSEES SUBMITTED BEFORE ME THAT BOTH THE ASSESSEES DESIRE TO WITHDRAW THEIR RESPECTIVE APPEALS AS THE ASSESSEES HAVE OPTED TO AVAIL VIVAD SE VISWAS SCHEME. HE FURTHER SUBMITTED THAT THE ASSESSEES HAD FILED FORM NO.1 & 2 AND ALSO RECEIVED FORM - 3 FROM THE REVENUE. IT WAS THEREFORE PLEADED, THAT THE INSTANT APPEALS OF THE ASSESSEES MAY BE ALLOWED TO BE WITHDRAWN. 3. THE LD. DR CONCEDED TO THE REQUEST OF THE LD.AR S . 4. HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, I AM INCLINED TO ALLOW THE APPEALS OF THE ASSESSEES TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD. AR AS THE ASSESSEES IN THE PRESENT APPEALS HAVE PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORMS NO.1, 2 AND ALSO RECEIVED FORM NO.3 FROM THE REVENUE. THE LD. DR HAS ALSO CONCEDED TO THE REQUEST OF THE LD. AR S . ACCORDINGLY, I HEREBY DISMISS BOTH THE APPEALS OF THE ASSESSEES AS WITHDRAWN. HOWEVER, I ALSO MAKE IT CLEAR THAT, IF 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 ASSESSEE/ S SHALL BE AT LIBERTY TO FILE A MISCELLANEOUS PETITION/S 3 BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THEIR RESPECTIVE APPEAL/S. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, TWO APPEALS OF THE ASSESSEES ARE DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE 17 TH JUNE 2021. SD/ - ( A. MOHAN ALANKAMONY ) ACCOUNTANT MEMBER HYDERABAD, DATED: 17 TH JUNE 2021. OKK COPY TO: - 1) (I) SRI KRISHNA RATHI, H.NO. 4 - 7 - 746, ESAMIA BAZAAR, HYDERABAD 500 027. (II) M/S. GOVIND DAS MUNDADA HUF, H.NO. 15 - 7 - 517, BEGUM BAZAR, HYDERABAD. 2) THE INCOME TAX OFFICER, WARD - 5(1), IT TOWERS, MASABTANK, HYDERABAD. (II) ITO, WARD - 7(3), SIGNATURE TOWERS, KONDAPUR, HYDERABAD. 3) THE CIT (A) - 4, HYDERABAD. (II) THE CIT (A) - 3, HYDERABAD. 4) THE PR. CIT - 4, HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE