Renuka Plasti Crafts Pvt. Ltd., Hyderabad, Secunderabad V. DCIT, Circle-3(1), Hyderabad, Hyderabad

ITA 166/HYD/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5263 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2007-2008
• Appeal Filed On: 02-02-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

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. 166/HYD/2017 A.Y. 2007 - 08 M/S. RENUKA PLASTI CRAFTS PRIVATE LIMITED, HYDERABAD - 500 055. PAN: AABCR 5731 P VS. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE - 13(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI PAWAN KUMAR CHAKRAPANI REVENUE BY: SHRI ROHIT MUJUMDAR DATE OF HEARING: 2 9 /0 4 /2021 DATE OF PRONOUNCEMENT: 03 /0 5 /2021 ORDER PER A. MOHAN ALANKAMONY , A.M: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) - 10, HYDERABAD IN APPEAL NO.0175/CIT(A) - 10/2015 - 10, DATED 30/08/2016 PASSED U/S. 143(3) R.W.S 250(6) OF THE ACT FOR THE A.Y. 2007 - 08. 2. AT THE OUTSET, LD.AR SUBMITTED BEFORE US THAT THE ASSESSEE DESIRE S TO WITHDRAW ITS APPEAL AS THE ASSESSEE HA S OPTED TO AVAIL VIVAD SE VISWAS SCHEME. HE FURTHER SUBMITTED THAT THE ASSESSEE HAD FILED FORM NO.1 & 2 AND ALSO RECEIVED FORM - 3 FROM THE REVENUE. IT WAS THEREFORE 2 PLEADED, THAT THE INSTANT APPEAL OF THE ASSESSEE MAY BE ALLOWED TO BE WITHDRAWN. 3.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 HAVING HEARD BOTH THE PARTIES THROUGH VIDE O CONFERENCE, WE ARE INCLINED TO ALLOW THE APPEAL OF THE ASSESSEE TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD.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 HA S 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 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 ACCORDINGLY, WE HEREBY DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN.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 ASSESSEE S 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 ITS APPEA L . IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, APPEAL OF THE AS SESSEE IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE 03RD MAY , 2021. SD/ - SD/ - (P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 03 RD MAY , 2021. 3 OKK COPY TO: - 1) (I) M/S. RENUKA PLASTI CRAFTS PRIVATE LIMITED C/O. PAWAN KUMAR CHAKRAPANI, M/S. V.M. CHAKRAPANI & CO., CHARTERED ACCOUNTANTS, 5 - 5 - 8/9 & 10, 2 ND FLOOR, SRINIVASA BUILDING, RANIGUNJ, SECUNDERABAD 500 003. 2) DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3(1), HYDERABAD. 3) THE CIT (A) - 10, HYDERABAD. 4) THE PR. CIT - 3, HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE