Gunti Prasad, Hyderabad V. Income Tax Officer, Ward-9(2), Hyderabad

ITA 2362/Hyd/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8124 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 2 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 16-03-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 24-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: Y V S T SAI
• Keywords: Competent authority; Condonation of delay
• Section: 271(1)(c); 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER S.NO. ITA NO. AY APPELLANT RESPONDENT 01 2360/H/2018 2009 - 10 GUNTI PRASAD (HUF), HYDERABAD. PAN AAEHG1787Q INCOME - TAX OFFICER, WARD 9(2), HYDERABAD. 02 & 03 2361 & 2362/H/2018 2009 - 10 & 2011 - 12 GUNTI PRASAD, HYDERABAD. PAN - AFDPG3013M - DO - 0 4 2363/H/2018 2009 - 10 GUNTI ANIL KUMAR, HYDERABAD. PAN - ADEPG 7609Q - DO - 5 2364/H/2018 2009 - 10 GUNTI NAVEEN KUMAR, HYDERABAD. PAN - AHLPG 6874C - DO - 6 2365/H/2018 2009 - 10 GUNTI ASHWIN KUMAR, HYDERABAD PAN - ADEPG 7603E - DO - ASSESSEE BY: SHRI K.C. DEVDAS REVENUE BY: SHRI ROHIT MUJUMDAR & SHRI YVST SAI DATE OF HEARING: 1 6 /0 3 /2021 DATE OF PRONOUNCEMENT: 19 /0 3 /2021 O R D E R PER BENCH: T HESE APPEALS FILED BY DIFFERENT ASSESSEES ARE DIRECTED AGAINST CIT(A) - 7 , HYDERABADS SEPARATE ORDERS INVOLVING PROCEEDINGS U/S 271(1)(C) AND 153A THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. ITA NO S . 2360 /HYD/ 20 1 8 AND OTHERS GUNTI PRASAD (HUF) AND OTHERS. : - 2 - : 2. AT THE OUTSET, LD. AR SUBMITTED BEFORE US THAT THE ASSESSEE S DESIRE TO AVAIL VIVAD SE VISWAS SCHEME. HE FURTHER SUBMITTED THAT THE ASSESSEE S COULD NOT FILE FORM NO.1 & 2 DUE TO PAUCITY OF TIME, HOWEVER HE 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 , 2020 THE REVENUE HAS NO OBJECTION. 4. HAVING HEARD BOTH THE PARTIES , THROUGH VIDEO CONFERENCE, WE ARE INCLINED TO TREAT THE INSTANT APPEAL S OF THE ASSESSEE S AS WITHDRAWN RELYING ON THE DECISION OF THE HONBLE HIGH COURT OF MADRAS IN THE CASE OF DCIT VS.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 AVAIL THE BENEFIT OF VIVAD SE VISHW AS SCHEME (VVS SCHEME FOR BREVITY) 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 B E 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 ITA NO S . 2360 /HYD/ 20 1 8 AND OTHERS GUNTI PRASAD (HUF) AND OTHERS. : - 3 - : APPLICATION TO BE FILED FOR CONDONATION OF DELAY 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. 8. IN THE LIGHT OF THE ABOVE, WE DIRECT THE RESPON DENT / 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 APPEAL S OF THE ASS ESSEE S 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 APPEAL S . IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, ALL THE APPEALS UNDER CONSIDERATION ARE DISMISSED IN ABOVE TER MS. PRONOUNCED IN THE OPEN COURT ON 19 TH MARCH , 2021 . SD/ - SD/ - (SATBEER SINGH GODARA) (LAXMI PRASAD SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 19 TH MARCH , 20 2 1 . KV ITA NO S . 2360 /HYD/ 20 1 8 AND OTHERS GUNTI PRASAD (HUF) AND OTHERS. : - 4 - : C OPY TO : 1 2 3. 4 5 GUNTI PRASAD (HUF), HYDERABAD. GUNTI PRASAD, HYDERABAD. GUNTI ANIL KUMAR, HYDERABAD. GUNTI NAVEEN KUMAR, HYDERABAD. GUNTI ASHWIN KUMAR, HYDERABAD NO. 17 - 2 - 1100, REIN BAZAR, YAKUTPURA, HYDERABAD 500 023 6 ITO, WARD 9(2), HYDERABAD 7 CIT(A) 7, HYDER ABAD 8 PR. CIT 7, HYDERABAD. 9 ITAT, DR, HYDERABAD 10 GUARD FILE.