Mallaiah Prakash Rao Cirigiri , Secunderabad V. Income Tax Officer, Ward-10(5), Hyderabad

ITA 1788/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8912 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 11-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• 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. 1788 /HYD./201 9 ASSESSMENT YEAR: 20 1 6 - 17 SHRI MALLAIAH PRAKASH RAO CIRIGIRI VS. ITO SECUNDERABAD WARD 1 0 ( 5 ), HYDERABAD PAN: ACEPC6963A (APPELLANT) (RESPONDENT) FOR ASSESSEE : SH. P. V.S.S. PRASAD, ADV. FOR REVENUE : SH. N. SRIKANTH, D.R. DATE OF HEARING : 0 7 / 01 /202 1 DATE OF PRONOUNCEMENT : 07 / 01 /202 1 O R D E R THIS IS ASSESSEES APPEAL FILED AGAINST THE ORDER OF CIT(A) - 6 , HYDERABAD DATED 05.09.2019 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 07.01.2021 AND BOTH THE PARTIES WERE HEARD. 2. THE LD.AR FOR THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE A.Y. UNDER C ONSIDERATION 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. HE REQUESTED THAT THE ASSESSEE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 3. THE LD.DR HAS NO OBJECTION TO THE SAME. ITA NO. 1 788 /HYD./201 9 MALLAIAH PRAKASH RAO CIRIGIRI AY 20 1 6 - 17 2 4. IN VIEW OF THE ABOVE, I ACCEPT THE REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF THE APPEAL AS PR.CIT - 2 HAS ISSUED FORM - 3. 5. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RE LATING 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 AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICAT ION 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 IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN.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 07 /01/2021 . SD/ - (P. MADHAVI DEVI) JUDICIAL MEMBER DATED: 07 TH JANUARY, 2021 GMV COPY OF ORDER FORWARDED TO: 1. SRI MALLAIAH PRAKASH RAO CIRIGIRI, 11/2, SIVA ARUN COLONY, WEST MARREDPALLY, SECUNDERABAD 500 026 . 2. ITO, WARD 1 0 ( 5 ), HYD ERABAD . 3. ACIT, RANGE 1 0 , HYDERABAD 4. CIT( A ) - 6 , HYDERABAD. 5 . PR.CIT - 6 , HYDERABAD 6 D.R. ITAT HYDERABAD 7 . GUARD FILE