NSS Software & System Private Limited, Andhra Pradesh V. Income Tax Officer , ward-16(2), Hyderabad

ITA 2111/Hyd/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9350 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 2 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 03-03-2021
• Assessment Year: 2014-2015
• Appeal Filed On: 12-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 201

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO.2111/HYD/2017 A.Y. 2014 - 15 NSS SOFTWARE & SYSTEMS PRIVATE LIMITED, KADAPA, ANDHRA PRADESH. PAN: AADCN 6766 E VS. INCOME TAX OFFICER, WARD - 16(2), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SMT. S. SANDHYA REVENUE BY: SHRI ROHIT MUJUMDAR DATE OF HEARING: 03/03/2021 DATE OF PRONOUNCEMENT: 0 8 /03/2021 ORDER PER A. MOHAN ALANKAMONY, A.M: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) - 4, HYDERABAD IN APPEAL NO. 0374/16 - 17/ITO, WD - 16(2)/CIT(A) - 4/HYD/17 - 18, DATED 25/09/2017 PASSED U/S. 143(3) AND U/S. 250(6) OF THE ACT FOR THE A.Y. 201 4 - 15. 2. AT THE OUTSET, LD.AR SUBMITTED BEFORE US THAT THE ASSESSEE DESIRES TO AVAIL VIVAD SE VISWAS SCHEME. HE FURTHER SUBMITTED THAT THE 2 ASSESSEE COULD NOT FILE FORM NO.1 & 2 TILL DATE AS TH E CHARTERED ACCOUNTANT WAS UNAVAILABLE , HOWEVER HE ASSURED THE BENCH THAT T HE FORM NO.1&2 SHALL BE FILED SHORTLY . 3. THE LD. DR SUBMITTED THAT IF THE ASSESSEE DESIRES TO AVAIL THE SCHEME THE REVENUE HAS NO OBJECTION . 4. HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, WE ARE INCLINED TO TREAT THE APPEAL OF THE ASSESSEE AS WITHDRAWN RELYING ON THE DECISION OF THE HON BLE HIG H COURT OF MADRAS IN THE CASE OF DCIT VS.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: 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 D ELAY IN RESTORATION 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. ACCORDINGLY, WE HEREBY DISMISS THE APPEAL OF THE A SSESSEE AS WITHDRAWN GRANTING LIBERTY TO THE ASSESSEE TO FILE MISCELLANEOUS PETITION BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE APPEAL IF THE ASSESSEES CASE IS NOT ACCEPTED IN THE VIVAD - SE - VISHWAS SCHEME BY THE REV ENUE FOR WHATSOEVER MAY BE THE REASON . IT IS ORDERED ACCORDINGLY. 3 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE 08 TH OF MARCH, 2021. SD/ - SD/ - (SMT. P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 0 8 TH MARCH , 2021. OKK COPY TO: - 1) SMT. K. SRIDEVI, 10 - 5/1, PREM VIJAY NAGAR COLONY, MALKAJGIRI, HYDERABAD - 500 047. 2) INCOME TAX OFFICER, WARD - 15(1), HYDERABAD. 3) THE CIT(A) - 7, HYDERABAD . 4) THE PR. CIT - 7, HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE