Gajulapalli Shoban Babu , Hyderabad V. Dy. Commissioner of Income Tax ,central Circle , Tirupati

ITA 295/Hyd/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0868 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2007-2008
• Appeal Filed On: 10-06-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NARAYANA MURTHY NAIK
• Section: 153A; 13; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO S . 294 & 295 /H/20 20 A SSESSMENT Y EAR S : 2006 - 07 & 20 07 - 08 GAJULAPALLI SHOBAN BABU, HYDERABAD. PAN A GFPG 4314G VS. DY . COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE, TIRUPATI (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI MOHD. AFZAL REVENUE BY: S HRI NARAYANAMURTHY NAIK DATE OF HEARING: 05 /0 7 /2021 DATE OF PRONOUNCEMENT: 13 / 0 7 /2021 O R D E R PER L.P. SAHU, AM : BOTH T H E S E APPEAL S FILED BY THE ASSESSEE FOR AY 20 06 - 07 & 2007 - 08 ARE DIRECTED AGAINST CIT(A) , VIJAYAWADAS SEPARATE ORDER S , DATED 2 4 / 0 2 /20 20 INVOLVING PROCEEDINGS U/S 143 ( 3) RWS 153A OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE INVITED THE BENCH ATTENTION TO THE LETTER DATED 02/07/20 21 , WHICH IS AVAILABLE ON RECORD WHEREIN IT WAS STATED THAT THE ITA NO S . 294 & 295 H YD/ 20 20 GAJULAPALLI SHOBAN BABU, HYDERABAD . : - 2 - : ASSESSEE HAS OPTED TO AVAIL THE BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 IN PRESCRIBED FORM NO.1 & 2 AND RECEIVED F ORM(S) - 3 IN TUNE THERETO . HE, THEREFORE, REQUESTED THE BENCH TO PERMIT TO WITHDRAW TH E S E APPEAL S OF THE ASSESSEE. 4 . HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL S OF THE ASSESSEE AS WITHDRAWN SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND RECEIVED FORM(S) - 3 IN TUNE THERE TO , WITH A RIDER THAT IT SHALL BE VERY MUCH OPEN FOR THE ASSESSEE TO FILE FOR REVIVAL OF TH E S E CASE S , IF THE SETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO HIM FOR TECHNICAL REASONS. 5 . IN THE RESULT, ASSESSEES APPEAL S ARE DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 13 TH JULY , 2021 . SD/ - SD/ - (S . S . GODARA) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 13 TH JULY , 20 2 1 . KV ITA NO S . 294 & 295 H YD/ 20 20 GAJULAPALLI SHOBAN BABU, HYDERABAD . : - 3 - : C OPY TO : 1 GAJULAPALLI SHOBAN BABU, C/O MOHD. AFZAL, ADVOCATE, 11 - 5 - 465, SHERSONS RESIDENCY, FLAT NO. 402, CRIMINAL COURT ROAD, RED HILLS, HYDERABAD 500 004. 2 D C IT, CENTRAL CIRCLE , 3 RD FLOOR, AAYAKAR BHAVAN, KT ROAD, TIRUPATI 3 CIT (A), VIJAYAWADA 4 PR. CIT (CENTRAL), VISAKHAPATNAM 5 ITAT, DR, HYDERABAD 6 GUARD FILE.