Sri Bhavani Ventures, Hyd, Hyderabad V. DCIT, Circle-9(1), Hyderabad, Hyderabad

ITA 226/HYD/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5376 (ITAT-HYDERABAD)
• Duration Of Justice: 5 year(s) 2 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 05-05-2021
• Assessment Year: 2008-2009
• Appeal Filed On: 29-02-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B V PRASAD REDDY
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S.GODARA, JUDICIAL MEMBER I.T.A. NOS. 225 & 226/HYD/2016 ASSESSMENT YEARS: 2007-08 & 2008-09 SRI BHAVANI VENTURES, HYDERABAD [PAN: ACHFS8168E] VS DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-9(1), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SMT. S.SANDHYA, AR FOR REVENUE : SHRI B.V.PRASAD REDDY , DR DATE OF HEARING : 05-05-2021 DATE OF PRONOUNCEMENT : 06-05-2021 O R D E R PER S.S.GODARA, J.M. : THESE TWO ASSESSEES APPEALS FOR AYS.2007-08 & 2008 -09 ARISE FROM CIT(A)-7, HYDERABADS ORDER(S) BOTH DATED 27-11- 2015 PASSED IN APPEAL NOS.534 & 532/ CIT(A)-7 / 201 4-15, IN PROCEEDINGS U/S.143(3) R.W.S.153C OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT]. 2. AT THE OUTSET, WE ARE INFORMED DURING THE COURSE OF HEARING FROM THE ASSESSEES SIDE THAT IT HAS FILED FOR SETTLEMENT BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME-2 020 IN PRESCRIBED FORM NO.1 & 2 AND FORM(S)-3 IN TUNE THERET O; ALSO STAND ISSUED. ITA NOS. 225 & 226/HYD/2016 :- 2 -: 3. THE ASSESSEES SOLE IDENTICAL PLEA IN THESE CASES IS THAT SINCE THE DEPARTMENT IS YET TO FINALISE THE SETTLEMENT IN TU NE WITH FORM(S)-3 ISSUED UNDER THE SCHEME, THESE APPEALS MAY NOT BE DISMISSED AS WITHDRAWN AS ON DATE. WE FIND NO MERIT IN ASSESSEES CONTENTIONS PER SE. THE FACT REMAINS THAT THE ASSESSEE HAS ALREADY BEEN ISSUED FORM-3, NO PURPOSE WOULD BE SERVED IF THESE CASES ARE KEPT PENDING. WE THEREFOR E ORDER THAT THESE APPEALS BE TREATED AS DISMISSED AS WITHDRAWN W ITH A RIDER THAT IT SHALL BE VERY MUCH OPEN FOR THE ASSESSE E TO FILE FOR REVIVAL OF THESE CASES, IF THE SETTLEMENT BENEFIT UN DER THE SCHEME IS DENIED TO IT FOR TECHNICAL REASONS. 4. THESE TWO APPEALS ARE DISMISSED AS WITHDRAWN IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH MAY, 2021 SD/- SD/- ( A. MOHAN ALANKAMONY ) ( S.S. GODAR A ) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 06-05-2021 TNMM ITA NOS. 225 & 226/HYD/2016 :- 3 -: COPY TO : 1.SRI BHAVANI VENTURES, C/O. SRI S.RAMA RAO, ADVOCA TE, FLAT NO. 102, SHRIYAS ELEGANCE, 3-6-643, STREET N O.9, HIMAYAT NAGAR, HYDERABAD. 2.THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-9(1), HYDERABAD. 3.CIT(APPEALS)-7, HYDERABAD. 4.PR.CIT-7, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.