Ramakrishna Rentachintala, Hyderabad, Hyderabad V. ACIT,Circle-11(1) Hyderabad, Hyderabad

ITA 1594/HYD/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6981 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 4 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 25-03-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 28-11-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: KIRAN MANOHAR S RAMA RAO
• Section: 143(3); 13; 22

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B , HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.1593/HYD/2016 A.YS: 2012 - 13 R. SRAVAN KUMAR, HYDERABAD. PAN: AGIPR 1841 A VS. ACIT, CIRCLE - 11(1), HYDERABAD. (APPELLANT) (RESPONDENT) ITA NO.159 4 /HYD/2016 A.YS: 2012 - 13 R AMAKRISHNA RENTACHINTALA, HYDERABAD. PAN: AETPR 8682 N VS ACIT, CIRCLE - 11(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI KIRAN MANOHAR FOR S. RAMA RAO REVENUE BY: SHRI ROHIT MUJUMDAR, DR DATE OF HEARING: 25/03/2021 DATE OF PRONOUNCEMENT: 08 /0 4 /2021 ORDER PER A. MOHAN ALANKAMONY , A.M: BOTH THE CAPTIONED APPEALS ARE FILED BY THE ASSESSEE AGAINST THE ORDERS OF THE LD. CIT(A) - 5, HYDERABAD IN APPEAL NOS. 0120 & 2 0121/2012 - 13 & 2015 - 16/CIT(A) - 5, DATED 15/09/2016 PASSED U/S. 143(3) R.W.S 250(6) OF THE ACT FOR THE A.Y. 2012 - 13. 2. AT THE OUTSET , LD.AR SUBMITTED BEFORE US 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 IT WAS THEREFORE PLEADED, THAT THE INSTANT APPEALS OF THE ASSESSEES MAY BE ALLOWED TO BE WITHDRAWN. 3.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. 4. HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, WE ARE INCLINED TO ALLOW THE AP PEALS OF THE ASSESSEES TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD.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 ALS O CONCEDED TO THE REQUEST OF THE LD. AR. ACCORDINGLY, WE HEREBY DISMISS BOTH THE APPEALS OF THE ASSESSEES AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSESSEE/S CASE/S ARE NOT ACCEPTED IN THE VIVAD - SE - VISWAS SCHEME BY THE REVENUE FOR WHATSOE VER MAY BE THE REASON, THEN THE ASSESSEE/S SHALL BE AT LIBERTY TO FILE A MISCELLANEOUS PETITION/S BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THEIR RESPECTIVE APPEAL/S. IT IS ORDERED ACCORDINGLY. 3 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE 08 TH APRIL , 2021. SD/ - SD/ - ( P. MADHAVI DEVI ) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 08 TH APRIL , 2021. OKK COPY TO: - 1) R. SRAVAN KUMAR, 22 - 180/1, JAYANAGAR, KUKATPALLY, HYDERABAD. 2) ACIT, CIRCLE - 11(1), SIGNATURE TOWERS, KONDAPUR, HYDERABAD. 3) THE CIT(A) - 5 , HYDERABAD . 4) THE PR. CIT - 5 , HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE