Agarvanshi Housing Private Limited , Secunderabad V. Dy. Commissioner of Income Tax , Circle-1(1), Hyderabad

ITA 1937/Hyd/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0804 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 5 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2013-2014
• Appeal Filed On: 20-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: M V ANIL KUMAR
• Section: 143(3); 201; 13; 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI L AXMI PRASAD SAHU, ACCOUNTANT MEMBER IT A NO . 1937 /H/201 8 ASSESSMENT YEAR: 20 13 - 14 AGARVANSHI HOUSING PVT. LTD., SECUNDERABAD. PAN AAFCA 1999N VS. DY. COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE 1( 1 ), HYDERABA D. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI M.V. ANIL KUMAR REVENUE BY : SHRI ROHIT MUJUMDAR DATE OF HEARING: 15 /0 2 /2021 DATE OF PRONOUNCEMENT: 25/ 0 2 /2021 O R D E R PER BENCH: TH IS ASSESSEES APPEAL FOR AY 2013 - 14 IS DIRECTED AGAINST THE C I T(A) - 1 , HYDERABAD S ORDER , DATED 09 /0 7 / 201 8 PASSED IN CASE NO. 0 105/CIT(A) 1/2017 - 18/2018 - 19 INVOLVING PROCEEDINGS U/S 143(3) RWS 147 OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. I TA NO . 1937 /HYD/1 8 AGARVANSHI HOUSING PVT. LTD., SECBAD. : - 2 - : 2. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE REQUES TED THE BENCH FOR PERMISSION TO WITHDRAW ASSESSEES APPEAL AS THE ASSESSEE HAS OPTED TO AVAIL DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 AND HAD FILED FORM NO. 1 & 2 AND FORM 3 IS AWAITING TO RECEIVE FROM THE REVENUE. 3. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN S INCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND FORM - 3 IS AWAITING TO RECEIVE FROM THE REVENUE. ACCORDINGLY, WE HEREBY DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSESSEE'S CASE IS NOT ACCEPTED IN THE VIVAD - SE - VISWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN ASSESSEE SHALL BE AT LIBERTY TO FILE MISCELLANEOUS PETITION S BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTAT E ITS APPEAL. I TA NO . 1937 /HYD/1 8 AGARVANSHI HOUSING PVT. LTD., SECBAD. : - 3 - : 4 . IN THE RESULT, ASSESSEES APPEAL IS DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 25 TH FEBRUARY , 2021 . SD/ - SD/ - ( S.S. GODARA ) (LAXMI PRASAD SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 25 TH FEBRUARY , 20 2 1 . K V C OPY TO : 1 AGARVANSHI HOUSING PVT. LTD., C/O. M. ANANDAM & CO., CAS, FLAT NO. 7A, SURYA TOWERS, SD ROAD, SECUNDERABAD 500 003. 2 DY. COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE 1( 1 ), HYDERABAD. 3 C I T(A) - 1 , HYDERABAD 4 PR. CIT - 1 , HYDERABAD 5 ITAT, DR, HYDERABAD. 6 GUARD FILE.