Binjusaria EStaes, Hyderabad V. Income Tax Officer, Ward-4(4), Hyderabad

ITA 1868/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7579 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 2 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2011-2012
• Appeal Filed On: 24-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: KRANTHI PALIVELA
• Section: 143(3); 147

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER ITA NO. 1868/HYD/2019 A.Y. 2011 - 12 BINJUSARIA ESTATES, HYDERABAD. PAN: AAHFB 4926 F VS. INCOME TAX OFFICER, WARD - 4(4), HYDERABAD. (APPELLANT) (RESPONDENT) ITA NO. 1926/HYD/2019 A.Y. 2011 - 12 INCOME TAX OFFICER, WARD - 4(4), HYDERABAD. VS. BINJUSARIA ESTATES, HYDERABAD. PAN: AAHFB 4926 F (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI KRANTHI PALIVELA REVENUE BY: SHRI ROHIT MUJUMDAR, DR DATE OF HEARING: 08/03/2021 DATE OF PRONOUNCEMENT: 16 /03/2021 ORDER PER A. MOHAN ALANKAMONY, A.M: THE CAPTIONED APPEAL ITA NO. 1868/HYD/2019 IS FILED BY THE ASSESSEE AND ITA NO.1926/HYD/2019 IS FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT (A) IN APPEAL NO. 10529/2018 - 19/ITO - 4(4), 2 HYD/CIT(A) - 1/HYD/2019 - 20, DATED 28/10/2019 PASS ED U/S. 143(3) R.W.S 147 AND U/S. 250(6) OF THE ACT FOR THE A.Y. 2011 - 12. 2. AT THE OUTSET, LD. AR SUBMITTED BEFORE US THAT THE ASSESSEE HAS OPTED TO AVAIL VIVAD SE VISWAS SCHEME AND HAD FILED FORM NO.1 & 2 AND ALSO RECEIVED FROM NO.3 IN ITS APPEAL AS W ELL AS THE REVENUES APPEAL . IT WAS THEREFORE PLEADED, THAT THE INSTANT APPEAL OF THE ASSESSEE MAY BE ALLOWED TO BE WITHDRAWN AND THE REVENUE S APPEAL MAY BE DISMISSED. 3. THE LD. DR SUBMITTED BEFORE US THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE DESIRES TO WITHDRAW ITS APPEAL AS THE ASSESSEE DESIRES TO OPT VIVAD - SE - VISHWAS SCHEME. HE FURTHER SUBMITTED THAT IF THE APPEAL OF THE REVENUE IS TO BE DISMISSED THEN LIBERTY MAY BE GRANTED TO REINSTATE THE APPEAL OF THE REVENUE IF THE APPLICATION FILED B Y THE ASSESSEE FOR AVAILING THE BENEFIT UNDER VIVAD - SE - VISHWAS SCHEME IS REJECTED BY THE REVENUE SUBSEQUENTLY. 4. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL OF THE ASSESSEE AS WELL AS THE APPEAL OF THE R EVENUE SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME FOR THE A.Y. 2011 - 12 BY FILING FORM NO.1 & 2 AND HAS ALSO RECEIVED FORM NO.3 FROM THE REVENUE. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSESSEES CASE IS NOT ACCEPTED IN THE VIVAD - SE - VISHWAS 3 SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE REASON ON A SUBSEQUENT DATE, THEN THE ASSESSEE AND THE REVENUE, AS REQUESTED BY THE LD.AR & LD. DR, SHALL BE AT LIBERTY TO FILE MISCELLANEOUS PETITION/S BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THEIR RESPECTIVE APPEAL. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, APPEAL OF THE ASSESSEE AS WELL AS THE APPEAL OF THE REVENUE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON 16 TH MARCH, 2021. SD/ - SD/ - (S.S. GODARA) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 16 TH MARCH , 2021. OKK COPY TO: - 1) M/S. BINJUSARIA ESTATES, 3 - 5 - 1083, FLAT NO. 310 TARAJEET RESIDENCY, KESHAV MEMORIAL, NARAYANGUDA, HYDERABAD. 2) INCOME TAX OFFICER, WARD - 4(4), HYDERABAD. 3) (I) THE CIT (A) - 1, HYDERABAD. 4) (I) THE PRINCIPAL COMMISSIONER OF INCOME TAX - 1, HYDERABAD. 5) THE DR, ITAT, HYDERABAD. 6) GUARD FILE