Siva Prasad Veeramachaneni , Hyderabad V. Income Tax Officer, Ward-6(2), Hyderabad

ITA 1965/Hyd/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7591 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 5 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2014-2015
• Appeal Filed On: 27-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Competent authority; Condonation of delay
• Section: 143(3); 147

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER ITA NO. 1965/HYD/2018 A.Y. 2014 - 15 SIVA PRASAD VEERAMACHANENI, HYDERABAD. PAN: AAJPV 1237 H VS. INCOME TAX OFFICER, WARD - 6(2), HYDERABAD. ASSESSEE BY: SHRI A. SRINIVAS REVENUE BY: SHRI SUNIL KUMAR PANDEY, DR ITA NO. 1966/HYD/2018 A.Y. 2014 - 15 MADHURI VEERAMACHANENI, HYDERABAD. PAN: ADEPV 8325 J VS. INCOME TAX OFFICER, WARD - 6(2), HYDERABAD. ASSESSEE BY: SHRI A. SRINIVAS REVENUE BY: SHRI SUNIL KUMAR PANDEY, DR DATE OF HEARING: 10/03/2021 DATE OF PRONOUNCEMENT: 17 /03/2021 ORDER PER A. MOHAN ALANKAMONY, A.M: THESE TWO APPEALS ARE FILED BY THE ASSESSEE S. ITA NO. 1965/HYD/2018 IS FILED AGAINST THE ORDER OF THE LD. CIT(A) - 6, 2 HYDERABAD IN APPEAL NO. 10187/2017 - 18/CIT(A) - 6, DATED 29/06/2018 PASSED U/S. 143(3) R.W.S 147 AND U/S. 250(6 ) OF THE ACT FOR THE A.Y. 2014 - 15. ITA NO. 1966/HYD/2018 IS FILED AGAINST THE ORDER OF THE LD. CIT(A) - 6, HYDERABAD IN APPEAL NO. 10186/2017 - 18/CIT(A) - 6, HYDERABAD, DATED 29/06/2018 PASSED U/S. 143(3) R.W.S 147 AND U/S. 250(6) OF THE ACT FOR THE A.Y. 2014 - 15. 2. AT THE OUTSET, LD. AR S OF THE RESPECTIVE ASSESSEES SUBMITTED BEFORE US THAT BOTH THE ASSESSEE S DESIRE TO AVAIL VIVAD SE VISWAS SCHEME FOR THE A.Y. 2014 - 15 . THEY FURTHER SUBMITTED THAT IN BOTH THE CASES, THE ASSESSEE S COULD NOT FILE FORM NO.1 & 2 DUE TO PAUCITY OF TIME, HOWEVER T HE Y ASSURED THE BENCH THAT THE FORM NO.1&2 SHALL BE FILED SHORTLY. 3. THE LD. DR SUBMITTED THAT IF THE ASSESSEE S DESIRE TO AVAIL THE VIVAD SE VISHWAS SCHEME , THE REVENUE HAS NO OBJECTION. 4 . HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, WE ARE INCLINED TO TREAT BOTH THE INSTANT APPEALS OF THE ASSESSEES AS WITHDRAWN RELYING ON THE DECISION OF THE HONBLE HIGH COURT OF MADRAS IN THE CASE OF DCIT VS. M/S. KEYARAM HOTELS P. LTD IN T.C.A . NO. 694 OF 2019, DATED 13/10/2020 WHEREIN IT WAS HELD AS UNDER: - 3. THE LEARNED COUNSEL FOR THE RESPONDENT / ASSESSEE, ON INSTRUCTIONS, SUBMITTED THAT THE RESPONDENT / ASSESSEE INTENDS TO AV A IL 3 THE BENEFIT OF V IVAD SE VISHWAS SCHEME (VVS SCHEME FOR BRE VITY) AND IN THIS REGARD, THE ASSESSEE IS TAKING STEPS TO FILE THE APPLICATION / DECLARATION IN FORM NO.1. . .. 7. AS OBSERVED, THE ASSESSEE IS GIVEN LIBERTY TO RESTORE THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON THE DECLARATION TO BE FILED BY THE ASSESSEE UNDER SECTION 4 OF THE SAID ACT IS NOT IN FAVOUR OF THE ASSESSEE. IF SUCH A PRAYER IS MADE, THE REGISTRY SHALL ENTERTAIN THE PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTO RATION OF THE APPEAL AND ON SUCH REQUEST MADE BY THE ASSESSEE BY FILING A MISCELLANEOUS PETITION FOR RESTORATION, THE REGISTRY SHALL PLACE SUCH PETITION BEFORE THE DIVISION BENCH FOR ORDERS. 8. IN THE LIGHT OF THE ABOVE, WE DIRECT THE RESPONDENT / ASSESSEE TO FILE FORM NO.1 ON OR BEFORE 09/11/2020 AND THE COMPETENT AUTHORITY HTTP://WWW.JUDIS.NIC.IN5/6 T.C.A.NO.694 OF 2019 . ACCORDINGLY, WE HEREBY DISMISS THE INSTANT APPEALS OF THE ASSESSEES FOR THE A.Y. 2014 - 15 AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSESSEE/S CASE/S ARE NOT ACCEPTED IN THE VIVAD - SE - VISHWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE REASON ON A SUBSEQUENT DATE, THEN THE ASSESSEE/S 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, APPEALS OF THE TWO ASSESSEES ARE DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE 17 TH MARCH, 2021. SD/ - SD/ - (S.S. GODARA) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER 4 HYDERABAD, DATED: 17 TH MARCH, 2021. OKK COPY TO: - 1) (I) SIVA PRASAD VEERAMACHANENI, H.NO. 7 - 1 - 45/D, GROUND FLOOR, SAMYUKTHA TRANQUILLA, DHARAMKARAN ROAD, AMEERPET, HYDERABAD. (II) SMT. MADHURI VEERAMACHANENI, H.NO. 7 - 1 - 45/D , GROUND FLOOR, SAMYUKTHA TRANQUILLA, DHARAMKARAN ROAD, AMEERPET, HYDERABAD. 2) (I) INCOME TAX OFFICER, WARD - 6(2), HYDERABAD. (II) INCOME TAX OFFICER, WARD - 6(2), HYDERABAD. 3) (I) THE CIT (A) - 6, HYDERABAD. (II) THE CIT (A) - 6, HYDERABAD. 4) (I) THE PRINCIPAL COMMISSIONER OF INCOME TAX - 6, HYDERABAD. (II) THE PRINCIPAL COMMISSIONER OF INCOME TAX - 6, HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE