TB Alert India , Hyderabad V. Income Tax Officer,Exemption Ward-1(3), Hyderabad

ITA 1760/Hyd/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2938 (ITAT-HYDERABAD)
• Duration Of Justice: 11 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 04-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUNIL KUMAR PANDEY
• Section: 143(3); 201; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD SMC BENCH : HYDERABAD (THROUGH VIDEO CONFERENC E ) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER ITA NO. 1760 /HYD./201 9 ASSESSMENT YEAR: 20 1 6 - 17 TB ALERT INDIA VS. ITO EXEMPTIONS FLAT NO.301, BINJARAJIKA RESIDENCY WARD 1(3), HYDERABAD WEST MARREDPALLY SECUNDERABAAD 500 026 PAN: A ABTT3109Q (APPELLANT) (RESPONDENT) FOR ASSESSEE : SH. S . RAMA RAO, A DV. FOR REVENUE : SH. SUNIL KUMAR PANDEY, D.R. DATE OF HEARING : 24 / 11 /2020 DATE OF PRONOUNCEMENT : 24 / 11 /2020 O R D E R THIS IS ASSESSEES APPEAL FILED AGAINST THE ORDER OF CIT(A) - 9 , HYDERABAD DATED 31.10.2019 RELATING TO A.Y. 201 6 - 17 PASSED U/S 143(3) OF THE INCOME TAX ACT, 1961. THIS APPEAL WAS TAKEN UP FOR HEARING THROUGH VIDEO CONFERENCE ON 24.11.2020 AND BOTH THE PARTIES WERE HEARD. 2. THE LD.AR FOR THE ASSESSEE HAS REQUESTED FOR WITHDRAWAL OF THE APPEA L FILED BY THE ASSESSEE 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 ASSESSEE AND THAT THE ASSESSEE HAS ALSO RECEIVED FORM - 3. ITA NO. 1760 /HYD./201 9 TB ALERT INDIA AY 20 1 6 - 17 2 3. THE LD.DR HAS NO OBJECTION TO THE SAME. 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 AFORES AID IS SUBJECT 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 TH E APPEAL AND 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 IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN.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 24 / 11 /2020. SD/ - (P. MADHAVI DEVI) JUDICIAL MEMBER DATED: 24 TH NOVEMBER, 2020 GMV COPY OF ORDER FORWARDED TO: 1. TB ALERT INDIA, FLAT NO. 301, BINJARAJIKA RESIDENCY, WEST MARREDPALLY, SECUNDERABAD 500 026 . 2. ITO (EXEMPTIONS), WARD 1(3), HYDERABAD . 3. CIT( A ) - 9 , HYDERABAD. /ACIT (E), HYDERABAD 4. PR.CIT, HYDERABAD 5 D.R. ITAT HYDERABAD 6. GUARD FILE