Income Tax Officer, Ward-1, Khammam V. Matcha Venkateshwara Rao, Khammam

ITA 1558/Hyd/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3250 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 10-02-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 08-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S RAMA RAO
• Section: 143(3); 201; 22; 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER IT A NO . 1558 /H/201 7 ASSESSMENT YEAR: 20 09 - 10 INCOME - TAX OFFICER, WARD 1 , KHAMMAM VS. MATCHA VENKATESHWARA RAO, KHAMMAM PAN AABHM 3419E (APPELLANT) (RESPONDENT) REVENUE BY : SHRI ROHIT MUJUMDAR ASSESSEE BY : SHRI S. RAMA RAO DATE OF HEARING: 10 /0 2 /2021 DATE OF PRONOUNCEMENT: 22 /0 2 /2021 O R D E R PER BENCH: TH IS REVENUE APPEAL FOR AY 20 09 - 10 IS DIRECTED AGAINST THE C I T(A) - 7 , HYDERABAD S ORDER DATED , 30 / 0 5 / 201 7 PASSED IN CASE NO. 323 /CIT(A) 7 / 2014 - 15 INVOLVING PROCEEDINGS U/S 143(3) RWS 263 OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. I TA NO. 1558 /HYD/1 7 MATCHA VENKATESWARA RAO, KHAMMAM : - 2 - : 2. ON PERUSAL OF RE CORD, WE FIND FROM THE LETTER FILED BY THE ASSESSEE DATED 05/02/201 THAT THE ASSESSEE HAS OPTED TO AVAIL DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 AND HAD FILED FORM NO. 1 & 2 A ND IS AWAITING TO RECEIVE FORM 3 FROM THE REVENUE. 3. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL OF THE REVENUE AS WITHDRAWN SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY F ILING FORM NO.1 & 2 AND IS AWAITING TO RECEIVE FORM - 3 FROM THE REVENUE. ACCORDINGLY, WE HEREBY DISMISS THE APPEAL OF THE REVENUE AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSESSEE'S CASE IS NOT ACCEPTED IN THE VIVAD - SE - VISWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN REVENUE SHALL BE AT LIBERTY TO FILE MISCELLANEOUS PETITION BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE ITS APPEAL. I TA NO. 1558 /HYD/1 7 MATCHA VENKATESWARA RAO, KHAMMAM : - 3 - : 4 . IN THE RESULT, REVENUE APPEAL IS DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 22 ND FEBRUARY , 2021 . SD/ - SD/ - ( S.S. GODARA ) (LAXMI PRASAD SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 22 ND FEBRUARY , 20 2 1 . K V C OPY TO : 1 INCOME - TAX OFFICER, WARD 1, KHAMMAM, RAJEEV GUNJ, KHAMMAM 2 SRI MATCHA VENKATESHWARA RAO, H.NO. 2 - 5 - 331, PSR ROAD, KHAMMAM. 3 C I T(A) 7 , HYDERABAD. 4 PR. CIT 7, HYDERABAD 5 ITAT, DR, HYDERABAD. 6 GUARD FILE. S.NO. DETAILS DATE 1 DRAFT DICTATED ON 2 DRAFT PLACED BEFORE AUTHOR 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 5 APPROVED DRAFT COMES TO THE SR. PS/PS I TA NO. 1558 /HYD/1 7 MATCHA VENKATESWARA RAO, KHAMMAM : - 4 - : 6 KEPT FOR PRONOUNCEMENT 7 FILE SENT TO BENCH CLERK 8 DATE ON WHICH THE FILE GOES TO HEAD CLERK 9 DATE ON WHICH FILE GOES TO A.R. 10 DATE OF DISPATCH OF ORDER