Venkata Narayana Rao Akkineni, Hyderabad V. Dy. Commissioner of Income Tax, Central Circle-7, Hyderabad

ITA 1594/Hyd/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6581 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 11 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 06-09-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 14-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BALA KRISHNA; N SWAPNA
• Assessee Lawyers: S RAMA RAO
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO S . 1593 & 1594 / H/20 17 ASSESSMENT YEAR S : 2006 - 07 & 2011 - 12 VENKATA NARAYANA AKKINENI , HYDERABAD. PAN A BQPA 4127M VS. DY. COMMISSIONER OF INCOME - TAX , CENTRAL CIRCLE 7 , HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI S. RAMA RAO REVENUE BY: SHRI BALAKRISHNA AND SMT. N. SWAPNA DATE OF HEARING: 06/09/2021 DATE OF PRONOUNCEMENT: 08 / 09 /2021 O R D E R PER L.P. SAHU : BOTH T H E S E APPEAL S FILED BY THE ASSESSEE ARE DIRECTED AGAINST CIT(A) - 1 2 , HYDERABADS SEPARATE ORDER S DATED 19/06/2017 FOR AY S 2006 - 07 & 2011 - 12 INVOLVING PROCEEDINGS U/S 143(3) R.W.S. 1 53A OF THE INCOME - TAX ACT, 1961; IN SHORT THE ACT . ITA NO. 1593 & 1594 /HYD/1 7 SRI VENKATA NARAYANA RAO AKKINENI , HYD. : - 2 - : 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS OPTED TO AVAIL THE BENEFIT UND ER THE DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 IN PRESCRIBED FORM NO.1 & 2 AND RECEIVED FORM(S) - 3 IN TUNE THERETO, WHICH ARE AVAILABLE ON RECORD, AND THEREFORE, REQUESTED THE BENCH TO PERMIT TO WITHDRAW THIS APPEAL OF THE ASSESSEE. 3. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND RECEIVED FORM(S) - 3 IN TUNE THERETO, WITH A RIDE R THAT IT SHALL BE VERY MUCH OPEN FOR THE ASSESSEE TO FILE FOR REVIVAL OF TH ESE CASE S , IF THE SETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO HIM FOR TECHNICAL REASONS. 4. IN THE RESULT, A SSESSEE S APPEAL S ARE DISMISSED IN THE ABOVE TERMS. A COPY OF THIS COMMON ORDER BE PLACED IN THE RESPECTIVE CASE FILES. PRONOUNCED IN THE OPEN COURT ON 8 TH SEPTEMBER , 2021 . SD/ - SD/ - (S . S . GODARA) ( L . P . SAHU) A CCOUNTANT MEMBER JUDICIAL MEMBER HYDE RABAD, DATED : 8 TH SEPTEMBER , 20 2 1 . KV ITA NO. 1593 & 1594 /HYD/1 7 SRI VENKATA NARAYANA RAO AKKINENI , HYD. : - 3 - : C OPY TO : 1 SRI VENKATA NARAYANA RAO AKKINENI , D.NO. 8 - 2 - 120/84/1, ROAD NO. 2, BANJARA HILLS, HYDERABAD 500 0 34 2 DC IT, CENTRAL CIRCLE 7, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD. 3 CIT(A) 1 2 , HYDERABAD. 4 PR. CIT (CENTRAL) , 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 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