DCIT, Cent. Circle-2(4), Hyderabad, Hyderabad V. Madhumathi Lal Vyas, Hyderabad, Hyderabad

ITA 164/HYD/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8043 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 1 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 24-03-2021
• Assessment Year: 2008-2009
• Appeal Filed On: 02-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S PRAVEENA
• Assessee Lawyers: S RAMA RAO
• Keywords: Competent authority; Condonation of delay
• Section: 143(3); 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER S.NO. ITA NO. AY APPELLANT RESPONDENT / CROSS OBJECTOR 01 & 02 163/H/2017 & C.O. NO. 16/H/2017 2008 - 09 DY. COMMISSIONER OF INCOME - TAX, CIRCLE 2 ( 4 ), HYDERABAD. MOTILAL VYAS, HYDERABAD. PAN AEYPV 2440 K 0 3 & 04 164/H/2017 & C.O. NO. 17/H/2017 2008 - 09 - DO - MADHUMATHI LAL VYAS, HYDERABAD. PAN - AEYPV 2439Q REVENUE BY: S MT. S. PRAVEENA ASSESSEE BY: SHRI S. RAMA RAO DATE OF HEARING: 24 /0 3 /2021 DATE OF PRONOUNCEMENT: 25 / 0 3 /2021 O R D E R PER BENCH: T H E S E TWO APPEAL S FILED BY THE REVENUE FOR AY 2 008 - 09 AND THE CO S FILED BY THE ASSESSEES IN ITA NO. 163 & 164 /HYD/2017 RESPECTIVELY ARE DIRECTED AGAINST SEPARATE ORDERS OF CIT(A) - 12, HYDERABADS SEPARATE ORDER S BOTH DATED 3 0 / 0 9 /201 6 INVOLVING PROCEEDINGS U/S 143(3) RWS 147 OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. ITA NO. 163/H/2017 AND OTHERS MOTILAL VYAS AND ANOTHER, HYD. : - 2 - : 2. AT THE OUTSET, LD. DR SUBMITTED BEFORE US THAT THE ASSESSEE S DESIRE TO AVAIL VIVAD SE VISWAS SCHEME AND THE ASSESSEE S COULD NOT FILE FORM NO.1 & 2 DUE TO PAUCITY OF TIME . H OWEVER , HE ASSURED THE BENCH THAT THE FORM NO.1&2 AS WELL AS FORM NO. 3 SHALL BE FILED SHORTLY. 3 . HAVING HEARD BOTH THE PARTIES, THROUGH VIDEO CONFERENCE, WE ARE INCLINED TO TREAT THE INSTANT APPEAL S OF THE REVENUE AS WELL AS COS OF THE ASSESSEES AS WITHDRAWN RELYING ON THE DECISION OF THE HONBLE HIGH COURT OF MADRAS IN THE CASE OF DCIT VS. M/S. KEYARAM HOTELS P. LTD IN T.C.A. NO. 694 OF 2019, DATED 13/10/2020 WHEREIN IT WAS HELD AS UNDER: - 3. THE L EARNED COUNSEL FOR THE RESPONDENT / ASSESSEE, ON INSTRUCTIONS, SUBMITTED THAT THE RESPONDENT / ASSESSEE INTENDS TO AVAIL THE BENEFIT OF VIVAD SE VISHWAS SCHEME (VVS SCHEME FOR BREVITY) AND IN THIS REGARD, THE ASSESSEE IS TAKING STEPS TO FILE THE APPLICATIO N / DECLARATION IN FORM NO.1. . .. 7. AS OBSERVED, THE ASSESSEE IS GIVEN LIBERTY TO RESTORE THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON THE DECLARATION TO BE FILED BY THE ASSESSEE UNDER SECTION 4 OF THE SAID ACT IS NOT IN FAVOUR OF THE ASSESSEE. IF SUCH A PRAYER IS MADE, THE REGISTRY SHALL ENTERTAIN THE PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF THE APPEAL AND ON SUCH REQUEST MADE BY THE ASSESSEE BY FILING A MISCELLANEOUS PETITION FOR RESTORATION, THE REGISTRY SHALL PLACE SUCH PETITION BEFORE THE DIVISION BENCH FOR ORDERS. 8. IN THE LIGHT OF THE ABOVE, WE DIR ECT THE RESPONDENT / ASSESSEE TO FILE FORM NO.1 ON OR BEFORE ITA NO. 163/H/2017 AND OTHERS MOTILAL VYAS AND ANOTHER, HYD. : - 3 - : 09/11/2020 AND THE COMPETENT AUTHORITY HTTP://WWW.JUDIS.NIC.IN5/6 T.C.A.NO.694 OF 2019. ACCORDINGLY, WE HEREBY DISMISS THE INSTANT APPEAL S OF THE REVENUE AS WELL AS COS OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE SE CASE S ARE NOT ACCEPTED IN THE VIVAD - SE - VISHWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE REASON ON A SUBSEQUENT DATE, THEN THE REVENUE/ ASSESSEE SHALL BE AT LIBERTY TO FILE MISC ELLANEOUS PETITION S BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THEIR APPEAL S . IT IS ORDERED ACCORDINGLY. 4 . IN THE RESULT, REVENUES APPEAL S AS WELL AS COS OF THE ASSESSEES ARE DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 25 TH MARCH , 2021 . SD/ - SD/ - (S . S . GODARA) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 25 TH MARCH , 20 2 1 . KV ITA NO. 163/H/2017 AND OTHERS MOTILAL VYAS AND ANOTHER, HYD. : - 4 - : `` C OPY TO : 1 DCIT, CENTRAL CIRCLE 2(4), 6 TH FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD 4. 2 3 MOTI LAL VYAS MADHUMATHI LAL VYAS, 6 - 3 - 609/10/3, GIRIJA NIVAS, ANAND NAGAR COLONY, KHAIRATABAD, HYDERABAD. 3 CIT( A ) 12, HYDERABAD 4 PR. CIT ( CENTRAL ) , HYDERABAD. 5 ITAT, DR, HYDERABAD 6 GUARD FILE.