Ramesh Chandra Patel (HUF), Hyderabad V. Income Tax Officer, Ward-4(1), Hyderabad

ITA 1692/Hyd/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1971 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 03-12-2020
• Assessment Year: 2009-2010
• Appeal Filed On: 04-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ROHIT MAJUMDAR
• Section: 143(3); 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD SMC - B BENCH : HYDERABAD (THROUGH VIDEO CONFERENC E ) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER ITA NO. 1 692 /HYD./201 7 ASSESSMENT YEAR: 20 09 - 10 RAMESH CHADRA PATEL (HUF) VS. ITO 1 - 7 - 145/C / 14 ,SHIV NIVAS WARD 4 (1 ), HYDERABAD MUSHEERABAD HYDERABAD 500 020 PAN: AA CHR9664R (APPELLANT) (RESPONDENT) FOR ASSESSEE : SH. PAWAN KUMAR CHAKRAPANI, A DV. FOR REVENUE : SH. ROHIT MAJUMDAR, D.R. DATE OF HEARING : 03 / 1 2 /2020 DATE OF PRONOUNCEMENT : 03 / 1 2 /2020 O R D E R THIS IS ASSESSEES APPEAL FILED AGAINST THE ORDER OF CIT(A) - 1 , HYDERABAD DATED 09.06. 201 7 RELATING TO A.Y. 20 09 - 10 PASSED U/S 143(3) OF THE INCOME TAX ACT, 1961. THIS APPEAL WAS TAKEN UP FOR HEARING THROUGH VIDEO CONFERENCE ON 03.12. 2020 AND BOTH THE PARTIES WERE HEARD. 2. THE LD.AR FOR THE ASSESSEE HAS SUBMITTED WITHDRAWAL APPLICATION DATE D 03.12.2020 STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE A.Y. UNDER CONSIDERATION UNDER VIVAD SE VISHWAS SCHEME, 2020 . HE FURTHER SUBMITTED THAT AN APPLICATION TO THIS EFFECT HAS BEEN FILED BY THE ASSES SEE AND THAT THE ASSESSEE HAS ALSO RECEIVED FORM - 3. 3. THE LD.DR HAS NO OBJECTION TO THE SAME. ITA NO. 1692 /HYD./201 7 RAMESH CHANDRA PATEL (HUF) AY 20 09 - 10 2 4. IN VIEW OF THE ABOVE, WE ACCEPT THE REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF THE APPEAL AS PR.CIT HAS ISSUED FORM - 3. 5. HOWEVER, THE AFORESAID IS SUB JECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED A.Y. IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORE - STATED ACT, THE APPELLANT (I.E. THE ASSESSEE) IS AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL A ND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATE AS PER LAW. THE LD.DR FOR THE REVENUE HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON 03/ 12/ 2020. SD/ - (P. MADHAVI DEVI) JUDICIAL MEMBER DATED: 03 RD DECEMBER, 202 0 GMV COPY OF ORDER FORWARDED TO: 1. RAMESH CHANDRA PATEL (HUF), 1 - 7 - 145/C - 14, SHIV NIVAS, MUSHEERABAD, HYDERABAD 500 020 . 2. ITO , WARD 4 (1), HYDERABAD . 3. CIT( A ) - 1 , HYDERABAD. 4. ACIT , RANGE 4, HYDERABAD 5 . PR.CIT - 1 , HYDERABAD 6 D.R. ITAT HYDERABAD 7 . GUARD FILE