Rasun Exports Private Limited , Hyderabad V. Dy. Commissioner of Income Tax , Circle-3(1), Hyderabad

ITA 240/Hyd/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3116 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 7 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 01-09-2021
• Assessment Year: 2014-2015
• Appeal Filed On: 28-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M MAHIDHAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S.GODARA, JUDICIAL MEMBER I.T.A. NO. 240/HYD/2020 ASSESSMENT YEAR: 2014-15 RASUN EXPORTS PRIVATE LIMITED, HYDERABAD [PAN: AABCR0773P] VS DCIT, CIRCLE-3(1) HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : NONE FOR REVENUE : SHRI M.MAHIDHAR, DR DATE OF HEARING : 01-09-2021 DATE OF PRONOUNCEMENT : 20-10-2021 O R D E R PER S.S.GODARA, J.M. : THIS ASSESSEES APPEAL FOR AY.2014-15 ARISES AGAINS T THE CIT(A)-3, HYDERABADS ORDER DATED 02-08-2018, IN CAS E NO.0464 / DCIT-3(1) / CIT(A)-3 / 2016-17, INVOLVING PROCEEDINGS U/S.143(3) OF THE INCOME TAX ACT, 1961 [I N SHORT, THE ACT]; RESPECTIVELY. CASE CALLED TWICE. NONE APPEARED FOR THE ASSESSEES BEHEST. IT IS ACCORDINGLY PROCEEDED EX-PARTE. ITA NO. 240/HYD/2020 :- 2 -: 2. IT TRANSPIRES AT THE OUTSET THAT THIS ASSESSEES INSTANT APPEAL SUFFERS FROM 10 DAYS DELAY STATED TO BE ATTRIBUTAB LE TO THE REASON(S) BEYOND ITS CONTROL AS PER CONDONATION PETITION/AFFIDAVIT. NO REBUTTAL HAS COME FROM THE DEPARTM ENTAL SIDE. THE IMPUGNED DELAY IS CONDONED THEREFORE. 3. WE NOTE WITH THE ABLE ASSISTANCE COMING FROM THE REVENUES SIDE THAT THE CIT(A) HAS PERMITTED THE ASSESSEE TO WITHDRAW ITS CORRESPONDING LOWER APPEAL AS UNDER: APPEAL IN THIS CASE WAS FILED AGAINST THE INTIMATI ON DATED 22.09.2016 PROCESSED U/S.143(3) OF THE INCOME TAX A CT, 1961 FOR THE ASSESSMENT YEAR 2014-15 BY THE DCIT, CIRCLE-3(1), H YDERABAD. DURING THE APPEAL PROCEEDINGS, SH.M.LAKSHMI NARAYAN A RAO, AND SH.RAVI KUMAR, ARS APPEARED AND THE CASE WAS HEARD. VI) GROUND NO.2 IN APPEAL IS GENERAL IN NATURE AND DOES NOT CALL FOR ADJUDICATION. VII) GROUND NO.1 IN APPEAL RELATES TO ADDITIONS OF RS.22 LAKHS AND RS.55 LAKHS. FACTS OF THE CASE, GROUNDS OF APPEAL, ASSESSMENT ORDER AND SUBMISSIONS OF THE APPELLANT WERE PERUSED. DUR ING THE COURSE OF APPEAL PROCEEDINGS, THE MANAGING DIRECTOR OF THE AP PELLANT COMPANY FILED A PETITION SEEKING PERMISSION FOR WITHDRAWAL OF APPEAL. THE ITA NO. 240/HYD/2020 :- 3 -: APPELLANT ON RECONCILIATION OF THE FACTS AND CIR5CU MSTANCES OF THE CASE SOUGHT PERMISSION FOR WITHDRAWAL OF THE CASE. CONSIDERING THE REQUEST OF THE APPELLANT, THE APPELLANT IS PERMITTE D TO WITHDRAW THE APPEAL. HENCE, THE APPEAL IS TREATED AS INFRUCTUOU S AND DISMISSED AS WITHDRAWN. VIII) IN THE RESULT, THE APPEAL IS DISMISSED AS WIT HDRAWN. 4. IT IS THEREFORE CLEAR THAT THE ASSESSEE CANNOT BE HELD TO BE AN AGGRIEVED PARTY ONCE THE CIT(A) HAS ACCEPTED I TS APPLICATION SEEKING WITHDRAWAL OF THE FIRST APPEAL. B E THAT AS IT MAY, WE MAKE IT CLEAR THAT IT SHALL BE OPEN FOR THE A SSESSEE TO TAKE RECOURSE TO APPROPRIATE REMEDY AS PER LAW FOR S EEKING TO RECALL THE CIT(A)S ORDER UNDER CHALLENGE; IF SO A DVISED. 5. THIS ASSESSEES APPEAL IS DISMISSED IN FOREGOING TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH OCTOBER, 2021 SD/- SD/- ( A. MOHAN ALANKAMONY ) ( S.S. GODAR A ) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 20-10-2021 TNMM ITA NO. 240/HYD/2020 :- 4 -: COPY TO : 1.RASUN EXPORTS PRIVATE LIMITED, NO.6-3-351, II FLO OR, ROAD NO.1, BANJARA HILLS, HYDERABAD. 2.THE DCIT, CIRCLE-3(1), HYDERABAD. 3.CIT(APPEALS)-3, HYDERABAD. 4.THE PR.CIT-3, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.