Mitu Parakh, Hyderabad V. Income Tax Officer, Ward-5(1), Hyderabad

ITA 1570/Hyd/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4667 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 02-09-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 18-07-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: KIRAN KUMAR SRI K A SAI PRASAD
• Section: 143(3); 13; 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B - SMC, HYDERABAD BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.1 570 /HYD/2018 ASSESSMENT YEAR:201 3 - 14 SMT MITU PARAKH, HYDERABAD. PAN: AHPPP 9449 L VS. INCOME TAX OFFICER, WARD - 5(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI KIRAN KUMAR FOR SRI K.A. SAI PRASAD REVENUE BY: SRI ROHIT MUJUMDAR , DR DATE OF HEARING: 02 /09/2021 DATE OF PRONOUNCEMENT: 16 /09/2021 ORDER THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT (A) - 4, HYDERABAD IN APPEAL NO. 037 0 /16 - 17/ITO, WD.5(1)/CIT(A) - 4/HYD/18 - 19, DATED 09/05/2018 PASSED U/S. 143(3) R.W.S 147 AND U/S. 250(6) OF THE ACT FOR THE AY: 20 13 - 14. 2 . AT THE OUTSET, LD.AR SUBMITTED BEFORE ME THAT THE ASSESSEE DESIRES TO WITHDRAW HER APPEAL AS THE ASSESSEE HAS OPTED TO AVAIL VIVAD SE VISWAS SCHEME. HE FURTHER SUBMITTED THAT THE ASSESSEE HAD FILED FORM NO.1 & 2 AND FORM - 3 WAS ALSO RECEIVED FROM THE REVENUE. IT WAS THEREFORE PLEADED, THAT TH E APPEAL OF THE ASSESSEE MAY BE ALLOWED TO BE WITHDRAWN. 2 3 . THE LD. DR CONCEDED TO THE REQUEST OF THE LD.AR. 4 . HAVING HEARD BOTH THE SIDES THROUGH VIDEO CONFERENCE, I AM INCLINED TO ALLOW THE APPEAL OF THE ASSESSEE TO BE WITHDRAWN YIELDING TO THE PRAY ER OF THE LD. AR AS 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 LD. AR. ACCORDINGLY, I HEREBY DISMISS THE APPEA L OF THE ASSESSEE AS WITHDRAWN. HOWEVER, I ALSO MAKE IT CLEAR THAT, IF THE ASSESSEES CASE 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 BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE APPEAL. IT IS ORDERED ACCORDINGLY. 5 . IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE 16 TH SEPTEMBER, 2021. SD/ - ( A. MOHAN ALANKAMONY ) ACCOUNTANT MEMBER HYDERABAD, DATED: 16TH SEPTEMBER, 2021. OKK 3 COPY TO: - 1) MITU PARAKH, C/O. CH. PARTHASARATHY & CO., 1 - 1 - 298/2/B/3, 1 ST FLOOR SOWBHAGYA AENUE, ST. NO.1, ASHOKNAGAR, HYDERABAD - 500 020. 2) THE INCOME TAX OFFICER, WARD - 5(1), 3 RD FLOOR, D - BLOCK, IT TOWERS, AC GUARDS, HYDERABAD 4. 3) THE CIT (A) - 4, HYDERABAD. 4) THE PR. CIT - 4, HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE