Ramesh Kishandas Asrani , Secunderabad V. Income Tax Officer, Ward-10(3), Hyderabad

ITA 1698/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0808 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 23-02-2021
• Assessment Year: 2010-2011
• Appeal Filed On: 20-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V M MAHIDHAR
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES SMC : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER ITA NO. A.Y. APPELLANT RESPONDENT 1526 /HYD/1 9 20 10 - 11 SRI SAI MALLIKARJUNA REDDY HYDERABAD [PAN: A EOPB7218K ] THE INCOME TAX OFFICER, WARD - 1 2 (1), HYDERABAD THE INCOME TAX OFFICER, WARD 10(3) HYDERABAD 1698 /HYD/1 9 2010 - 11 SRI RAMESH KISHANDAS ASRANI, SECUNDERABAD [PAN: AAEHR9788N ] FOR ASSESSEE : SHRI K.A.SAI PRASAD, AR (ITA 1698/H/19) SRI S.RAMA RAO AR (ITA 1526/H/19) FOR REVENUE : SHRI V.M.MAHIDHAR, DR DATE OF HEARING : 23.02.2021 DATE OF PRONOUNCEMENT : 25 - 0 2 - 2021 O R D E R THESE TWO ASSESSEES APPEALS FOR AY.20 10 - 11 ARE DIRECTED AGAINST THE CIT(A) 1 , HYDERABADS ORDERS DATED 21 - 08 - 2019 PASSED IN CASE NO. 10013/2018 - 19/ITO 12(1)/CIT(A) - 1/HYD/2019 - 20 IN ITA NO.1526/H/19 AND CIT(A) - 6, HYDERABADS ORDER DATED 31.07.2019 IN CASE NO. 10715/2018 - 19/B3/CIT(A) - 6 IN ITA NO .1698/HYD/2019 ; RESPECTIVELY. IT IS OBSERVED THAT IN ITA 1698/HYD/19 SRI RAMESH KISHANDAS ASRANI, THERE WAS 22 DAYS DELAY IN FILING THE APPEAL. THE SAME STANDS CONDONED AS PER HIS CORRESPONDING AVERMENTS. : - 2 - : 2. AT THE OUTSET, I AM INFORMED DURING THE COURSE OF HEARING FROM THE ASSESSEES SIDE THAT ALTHOUGH THEY HAVE FILED FOR SETTLEMENT BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 BY WAY OF FORM NO.1 & 2 BUT FORM(S) - 3 IS YET TO BE ISSUED FROM THE DEPARTMENT SIDE IN VIEW THEREOF. 3. THE ASSESSEES SOLE IDENTICAL PLEA IN BOTH THESE CASES THEREFROM IS THAT SINCE THE DEPARTMENT IS YET TO FINALISE THEIR SETTLEMENT PLEAS, THESE APPEALS MAY NOT BE DISMISSED AS WITHDRAWN AS ON DATE. I FIND NO MERIT IN ASSESSEES ABOVE STATED CONTENTION PER SE. THE FACT REMAINS THAT THE ASSESSEES HAVE ALREADY FILED FOR SET TLEMENT BENEFIT AND THEREFORE, NO PURPOSE WOULD BE SERVED IF BOTH THESE APPEALS ARE KEPT PENDING TILL THE TIME THE ABOVE STATED SETTLEMENT SCHEME IS IN OPERATION. I DISMISS BOTH THE APPEALS AS WITHDRAWN AND FURTHER MAKE IT CLEAR THAT IT SHALL BE OPEN FOR B OTH OF THE ASSESSEES TO FILE FOR REVIVAL OF THEIR CORRESPONDING CASES IF THE SETTLEMENT BENEFIT IS DENIED TO THEM FOR TECHNICAL REASONS. ORDERED ACCORDINGLY. 4. THESE TWO ASSESSEES APPEALS ARE DISMISSED AS WITHDRAWN IN ABOVE TERMS. A COPY OF THIS COMMO N ORDER BE PLACED IN THE RESPECTIVE CASE FILES. ORDER PRONOUNCED IN THE OPEN COURT ON 25TH FEBRUARY, 2021 SD/ - (S.S.GODARA) JUDICIAL MEMBER DATED: 25 TH FEBRUARY, 2021. *GMV. : - 3 - : COPY OF THE ORDER FORWARDED TO: 1. SHRI B.SAI MALLIKARJUNA REDDY, H.NO.8 - 1 - 284/OU/171, O.U. COLONY, DARGAH SHAIKPET, GOLKONDA HYDERABAD 500 008 (ITA NO. 1526/H/19) 2. (I) ITO, WARD 12(1), HYDERABAD. (II) ACIT, RANGE 12, HYD. 3. (I) PR.CIT - 1, HYDERABAD (II) CIT(A) - 1, HYDERABAD. 4. SRI RAMESH KISHAN DAS ASRANI (HUF), C/O KATRAPATI & ASSOCIATES, 1 - 1 - 298/2/B/3, 1 ST FLOOR, ASHOK NAGAR, HYDERABAD 500 020 (ITA NO.1698/HYD/2019) 5. (I) ITO, W ARD 10(3), HYD. (II) ACIT, RANGE 10, HYD. 6. (I) CIT(A) - 6, HYD. (II) PR.CIT - 6, HYDERABAD 7. DR ITAT 8. GUARD FILE