Naveen Kumar Kedia , Hyderabad V. Asst. Commissioner of Income Tax, Circle-8(1), Hyderabad

ITA 211/Hyd/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2937 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 9 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 14-12-2020
• Assessment Year: 2014-2015
• Appeal Filed On: 18-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SARANG SHAH
• Section: 143(3)

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. 211 /HYD./201 9 ASSESSMENT YEAR: 20 14 - 15 SRI NAVEEN KUMAR KEDIA VS. ACIT, CIRCLE 8(1) HYDERABAD HYDERABAD PAN: A CBPK9123K (APPELLANT) (RESPONDENT) FOR ASSESSEE : SH. SARANG SHAH, 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) - 6 , HYDERABAD DATED 28.09.2018 RELATING TO A.Y. 20 14 - 15 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 WE RE HEARD. 2. THE LD.AR FOR THE ASSESSEE HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL 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. 3. THE LD.DR HAS NO OBJECTION TO THE SAME. ITA NO. 211 /HYD./201 9 SRI NAVEEN KUMAR KEDIA AY 20 14 - 15 2 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 AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED A.Y. IS NOT ULTIMATE LY 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 APPLICATION APPROPRIATE AS PER LAW. THE LD.DR FOR THE REVENUE HAS N O 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 IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN.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. SRI NAVEEN KUMAR KEDIA , C/O M/S SARANG SHAH & COMPANY, CHARTERED ACCOUNTANTS, 3 - 5 - 1090/A2, OPP. Y.M.C.A., NARAYANGUDA, HYDERABAD . 2. ACIT, CIRCLE 8(1), HYDER ABAD / ACIT, RANGE - 8 , HYDERABAD. 3. CIT(A) - 6 , HYDERABAD. 4 . PR.CIT - 2 , HYDERABAD 5 D.R. ITAT HYDERABAD 6 . GUARD FILE