ERES Projects Private Limited, Hyderabad V. Income Tax Officer, Ward-17(2), Hyderabad

ITA 1657/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6972 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2008-2009
• Appeal Filed On: 14-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: P VINOD
• Section: 143(3); 2

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SMT. P MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 1657/HYD/2019 A.Y. 2008 - 09 ERES PROJECTS PRIVATE LIMITED, HYDERABAD. PAN: AABCE 5828 Q VS. INCOME TAX OFFICER, WARD - 17(2), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI P. VINOD 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: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) - 1, HYDERABAD IN APPEAL NO. 0067/2015 - 16/ITO 17(2)/CIT(A) - 1/HYD /2019 - 20, DATED 27/08/2019 PASSED U/S. 143(3) R.W.S 250(6) OF THE ACT FOR THE A.Y. 2008 - 09. 2. AT THE OUTSET, LD.AR SUBMITTED BEFORE US THAT THE ASSESSEE DESIRES TO WITHDRAW HIS APPEAL AS THE ASSESSEE HAS OPTED TO AVAIL VIVAD SE 2 VISWAS SCHEME. HE FURTHE R SUBMITTED THAT THE ASSESSEE HAD FILED FORM NO.1 & 2 AND ALSO RECEIVED FORM - 3 FROM THE REVENUE. IT WAS THEREFORE PLEADED, THAT THE APPEAL OF THE ASSESSEE MAY BE ALLOWED TO BE WITHDRAWN. 3. THE LD. DR CONCEDED TO THE REQUEST OF THE LD.AR. 4. HAVING HEA RD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, WE ARE INCLINED TO ALLOW THE APPEAL OF THE ASSESSEE TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD. AR AS THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORMS NO.1, 2 AND ALSO RECEI VED FORM NO.3 FROM THE REVENUE. THE LD. DR HAS ALSO CONCEDED TO THE REQUEST OF THE LD. AR. ACCORDINGLY, WE HEREBY DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE 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. 3 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) ERES PROJECTS PRIVATE LIMITED, CIT(A) - 81,FLAT NO. 402, SRI JYOTHI NILAYAM, MADHURANAGAR, HYDERABAD. 2) THE INCOME TAX OFFICER, WARD - 17(2), 7 TH FLOOR, SIGNATURE TOWERS, KONDAPUR, HYDERABAD. 3) THE CIT(A) - 1 , HYDERABAD . 4) THE PR. CIT - 5 , HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE