Lokeshwaram Intideepam Producer's MACS Limited , Nirmal V. Income Tax Officer, Ward-1, Nirmal

ITA 1547/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0807 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 24-02-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 17-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES SMC, HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER ITA NO. A.Y. APPELLANT RESPONDENT 1545/HYD/19 2015-16 THE NANDIPET INTIDEEPAM PRODUCERS MUTUALLY AIDED CO- OPERATIVE SOCIETY LTD., NANDIPET, NIZAMABAD [PAN: AACAT0427F] INCOME TAX OFFICER, WARD-1, NIZAMABAD 1546/HYD/19 2015-16 BHAINSA INTIDEEPAM PRODUCERS MUTUALLY AIDED CO-OPERATIVE SOCIETY LTD., BHAINSA, NIRMAL [PAN: AABAB8600P] INCOME TAX OFFICER, WARD-1, NIRMAL, 1547/HYD/19 2015-16 LOKESHWARAM INTIDEEPAM PRODUCERS MACS LTD., NIRMAL [PAN: AAAAL6586B] INCOME TAX OFFICER, WARD-1, NIRMAL 1548/HYD/19 2015-16 YELLAREDDY INTIDEEPAM PRODUCERS MUTUALLY AIDED CO-OPERATIVE SOCIETY LIMITED, YELLAREDDY, KAMAREDDY [PAN: AAAAY4072H] INCOME TAX OFFICER, WARD-3, NIZAMABAD 1549/HYD/19 2015-16 THE MAKLOOR INTIDEEPAM PRODUCERS MUTUALLY AIDED CO- OPERATIVE SOCIETY LTD., MAKLOOR, NIZAMABAD [PAN: AABAM3263D] INCOME TAX OFFICER, WARD-2, NIZAMABAD 1550/HYD/19 2015-16 MUDHOLE INTIDEEPAM PRODUCERS MUTUALLY AIDED CO-OP SOCIETY LIMITED, MUDHOLE, NIRMAL [PAN: AACAM6396E] INCOME TAX OFFICER, WARD-1, NIRMAL ITA NOS. 1545, 1546, 1547, 1548, 1549, 1550, 1551 & 1552/H/2019 :- 2 -: 1551/HYD/19 2015-16 TANOOR INTIDEEPAM PRODUCERS MUTUALLY AIDED CO-OPERATIVE SOCIETY LTD., TANOOR NIRMAL [PAN: AADAT2760N] INCOME TAX OFFICER, WARD-1, NIRMAL 1552/HYD/19 2014-15 THE INDUR INTIDEEPAM PRODUCERS MA CO-OP SOCIETIES FEDERATION LIMITED, DHARMARAM, NIZAMABAD [PAN: AAAAI5080P] INCOME TAX OFFICER, WARD-1, NIZAMABAD FOR ASSESSEE : SMT. S.SANDHYA, AR FOR REVENUE : SHRI V.M.MAHIDHAR, DR DATE OF HEARING : 24-02-2021 DATE OF PRONOUNCEMENT : 25-02-2021 O R D E R PER S.S.GODARA, J.M: THESE EIGHT ASSESSEES APPEALS FOR AYS.2014-15 & 201 5- 16 ARE DIRECTED AGAINST THE CIT(APPEALS)5, HYDERABAD S ORDERS, ALL DATED 10-06-2019, IN PROCEEDINGS U/S.143 (3) & U/S.154 (FOR AY.2014-15) OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT] ; RESPECTIVELY. 2. AT THE OUTSET, I NOTICE THAT ALL THESE ASSESSEES APPE ALS SUFFER FROM IDENTICAL DELAY OF 52 DAYS, WHICH WAS EX PLAINED BY THE ASSESSEES AS PER THEIR CONDONATION PETITION(S)/AFFI DAVIT(S). ALL THIS SUFFICIENTLY INDICATES THAT THE IMPUGNED DELA Y IS ATTRIBUTABLE TO CIRCUMSTANCES BEYOND ASSESSEES CONTROL. THE SAME STANDS CONDONED THEREFORE. 3. LEARNED COUNSEL REPRESENTING THE RESPECTIVE ASSESSE ES STATED AT THE BAR THAT THEY DO NOT WISH TO PRESS FOR THE INSTA NT ITA NOS. 1545, 1546, 1547, 1548, 1549, 1550, 1551 & 1552/H/2019 :- 3 -: APPEALS AS THE TAXPAYERS HEREIN ARE AVAILING SETTLEMEN T BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME-2020. 4. THE ASSESSEES SOLE IDENTICAL PLEA IN THESE CASES THEREFORE IS THAT SINCE THE DEPARTMENT IS YET TO FINALISE THEIR SETTLE MENT PLEAS, THESE APPEALS MAY NOT BE DISMISSED AS WITHDRAWN AS ON DATE. I FIND NO MERIT IN ASSESSEES ABOVE STATED CONTEN TION PER SE. THE FACT REMAINS THAT THE ASSESSEES ARE FILING FOR SETTL EMENT BENEFIT AND THEREFORE, NO PURPOSE WOULD BE SERVED IF THESE APPEALS ARE KEPT PENDING TILL THE TIME THE ABOVE STATED SETTLEMENT SCHEME IS IN OPERATION. I DISMISS ALL THESE A PPEALS AS WITHDRAWN AND FURTHER MAKE IT CLEAR THAT IT SHALL BE O PEN FOR THE ASSESSEES TO FILE FOR REVIVAL OF THEIR CORRES PONDING CASES IF THE ABOVE SETTLEMENT BENEFIT IS DENIED TO THEM FOR TECHN ICAL REASONS. ORDERED ACCORDINGLY. 5. THESE ASSESSEES APPEALS ARE DISMISSED AS WITHDRA WN IN ABOVE TERMS. A COPY OF THIS COMMON ORDER BE PLACED IN THE RESPECTIVE CASE FILES. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH FEBRUARY, 2021 SD/- ( S.S.GODARA ) JUDICIAL MEMBER HYDERABAD, DATED: 25-02-2021 TNMM ITA NOS. 1545, 1546, 1547, 1548, 1549, 1550, 1551 & 1552/H/2019 :- 4 -: COPY TO : 1.THE NANDIPET INTIDEEPAM PRODUCERS MUTUALLY AIDED CO-OP. SOCIETY LTD., 3-173/2/B/1, NANDIPET, NIZAMAB AD. 2.BHAINSA INTIDEEPAM PRODUCERS MUTUALLY AIDED CO-OP SOCIETY LIMITED, NEAR MPDO OFFICE, BESIDE: ASHRAMA PATASHALA, PIPRI COLONY, BHAINSA, NIRMAL. 3.LOKESHWARAM INTIDEEPAM PRODUCERS MACS LTD., 4-12 1, NEAR: MPDO OFFICE, LOKESHWARAM (M), NIRMAL. 4.YELLAREDDY INTIDEEPAM PRODUCERS MUTUALLY AIDED CO-OPERATIVE SOCIETY LIMITED, 5-5-10, MAIN ROAD, YELLAREDDY, KAMAREDDY. 5.THE MAKLOOR INTIDEEPAM PRODUCERS MUTUALLY AIDED CO-OPERATIVE SOCIETY LTD., H.NO.5-162/C, MAKLOOR(V) AND (M), NIZAMABAD. 6.MUDHOLE INTIDEEPAM PRODUCERS MUTUALLY AIDED CO-OP . SOCIETY LIMITED, 17-11/1, MUDHOLE, NIRMAL. 7.TANOOR INTIDEEPAM PRODUCERS MUTUALLY AIDED CO-OPERATIVE SOCIETY LTD., 5-80/6, TANOOR, NIRMAL. 8.THE INDUR INTIDEEPAM PRODUCERS MA CO-OP. SOCIETIE S FEDERATION LIMITED, H.NO.5-67, DHARMARAM, DICHPALLY (M), NIZAMABAD. 9.THE INCOME TAX OFFICER, WARD-1, NIZAMABAD. 10.THE INCOME TAX OFFICER, WARD-1, NIRMAL. 11.THE INCOME TAX OFFICER, WARD-3, NIZAMABAD. 12.THE INCOME TAX OFFICER, WARD-2, NIZAMABAD. 13.CIT(APPEALS)-5, HYDERABAD. 14.PR.CIT-5, HYDERABAD. 15.D.R. ITAT, HYDERABAD. 16.GUARD FILE.