Suresh Kumar(HUF), Hyderabad V. Income Tax Officer, Ward-7(2), Hyderabad

ITA 2342/Hyd/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5286 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2015-2016
• Appeal Filed On: 20-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: MANOJ KUMAR DAGA
• Section: 143(3); 201

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER ITA NO. 2345/HYD/2018 A.Y. 2015 - 16 VENUGOPAL RATHI, HYDERABAD. PAN: AAKPR 9956 J VS. ACIT, CIRCLE - 7(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI MANOJ KUMAR DAGA REVENUE BY: SHRI ROHIT MUJUMDAR, DR ITA NO. 2342/HYD/2018 A.Y. 2015 - 16 SURESH KUMAR KARWA (HUF) HYDERABAD. PAN: AAHHS 3458 M VS. INCOME TAX OFFICER, WARD - 7(2), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI MANOJ KUMAR DAGA REVENUE BY: SHRI ROHIT MUJUMDAR, DR DATE OF HEARING: 03/05/2021 DATE OF PRONOUNCEMENT: 04 /05/2021 ORDER PER A. MOHAN ALANKAMONY, A.M: BOTH THE CAPTIONED APPEALS ARE FILED BY THE ASSESSEES. ITA NO. 2345/HYD/2018 IS FAILED AGAINST THE ORDER OF THE LD. CIT(A) - 3, 2 HYDERABAD IN APPEAL NO.0138/ACIT - 7(1)/HYD/CIT(A) - 3/2017 - 18, DATED 08/10/2018 PASSED U/S. 14 3(3) R.W.S 250(6) OF THE ACT FOR THE A.Y. 2015 - 16. ITA NO.2342/HYD/2018 IS FILED AGAINST THE ORDER OF THE LD. CIT(A) - 3, HYDERABAD IN APPEAL NO. 0147/ITO - 7(2)/HYD/CIT(A) - 3/2017 - 18, DATED 8/10/2018 PASSED U/S. 143(3) R.W.S 250(6) OF THE ACT FOR THE A.Y. 201 5 - 16. 2. AT THE OUTSET, LD.AR SUBMITTED BEFORE US THAT BOTH THE ASSESSEES DESIRE TO WITHDRAW THEIR RESPECTIVE APPEALS AS THE ASSESSEES HAVE OPTED TO AVAIL VIVAD SE VISWAS SCHEME. HE FURTHER SUBMITTED THAT THE ASSESSEES HAD FILED FORM NO.1 & 2 AND ALSO R ECEIVED FORM - 3 FROM THE REVENUE. IT WAS THEREFORE PLEADED, THAT THE INSTANT APPEALS OF THE ASSESSEES MAY BE ALLOWED TO BE WITHDRAWN. 3. THE LD. DR CONCEDED TO THE REQUEST OF THE LD.AR. 4. HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, WE ARE I NCLINED TO ALLOW THE APPEALS OF THE ASSESSEES TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD. AR AS THE ASSESSEES IN THE PRESENT APPEALS HAVE PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORMS NO.1, 2 AND ALSO RECEIVED FORM NO.3 FROM THE REVE NUE. THE LD. DR HAS ALSO CONCEDED TO THE REQUEST OF THE LD. AR. ACCORDINGLY, WE HEREBY DISMISS BOTH THE APPEALS OF THE ASSESSEES AS WITHDRAWN. HOWEVER, WE ALSO MAKE 3 IT CLEAR THAT, IF THE ASSESSEE/S CASE/S ARE NOT ACCEPTED IN THE VIVAD - SE - VISWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN THE ASSESSEE/S SHALL BE AT LIBERTY TO FILE A MISCELLANEOUS PETITION/S BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THEIR RESPECTIVE APPEAL/S. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, TWO APPEAL S OF THE ASSESSEE S ARE DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE 04 TH MAY , 2021. SD/ - SD/ - ( S.S. GODARA ) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 04 TH MAY , 2021. OKK COPY TO: - 1) (I) VENUGOPAL RATHI, 14 - 6 - 194, NAGAR KHANA, BEGUM BAZAR, HYDERABAD. (II) SUESH KUMAR KARWA (HUF), 14 - 6 - 194, NAGAR KHANA, BEGUM BAZAR, HYDERABAD. 2) (I) ACIT, CICLE - 7(1), HYDERABAD. (II) INCOME TAX OFFICER, CIRCLE - 7(2), HYDERABAD. 3) (I) THE CIT (A) - 3 , HYDERABAD. (II) THE LD. CIT(A) - 3 HYDERABAD. 4) THE PRINCIPAL COMMISSIONER OF INCOME TAX - 3 , HYDERABAD. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE