Ravula Dasaratha Ramaiah gowd, Nellore V. Income Tax Officer, Ward-2, Nellore

ITA 303/Hyd/2020

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 7972 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-11-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2009-2010
• Appeal Filed On: 14-06-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ A ‘ Bench, Hyderabad (Through Video Conferencing) Before Shri A. Mohan Alankamony, Accountant Member AND Shri S.S. Godara, Judicial Member ITA No.303/Hyd/2020 Assessment Year: 2009-10 Ravula Dasaratha Ramaiah Gowd, Plot No.10, Prasanthi Nagar, Dargamitta, Nellore, A.P. PAN : ALQPG9141H. Vs. The Income Tax Officer, Ward – 2, Nellore. (Appellant) (Respondent) Assessee by: Shri E. Phalguna Kumar Revenue by : Shri Sunil Goutam Date of hearing: 22.11.2021 Date of pronouncement: 23.11.2021 O R D E R Per S.S. Godara, J.M. This assessee’s appeal for A.Y 2009-10 arises from the Commissioner of Income Tax (Appeal), Tirupati’s order dated 21.02.2020, in case No.ITBA/APL/S/250/2019-20/1025560702(1) involving proceedings under section 147 r.w.s. 144 of Income Tax Act, 1961 (in short, “the Act”). ITA No.303/Hyd/2020 2 Heard both parties. Case file perused. 2. At the outset, the ld. authorized representative of the assessees submitted that the assessees does not want to pursue the appeal as he has already filed forms I & II under the ‘Direct Tax Vivad Se Viswas Scheme, 2020’ and received Form 3 from the department. Assessee also filed Form 4 and was awaiting for Form 5. Therefore, consequent to the same, the assessees desires to withdraw the appeal before the Tribunal. Hence it was pleaded, that the appeal of the assessee may be treated as withdrawn. 3. The ld. DR conceded to the request of the Ld. AR. 4. After hearing both the parties, according to the request of the assessee and their Ld. AR, we hereby allow the appeal of the assessees to be withdrawn. We also make it clear that the assessee shall be at liberty to approach the Tribunal within the stipulated time as provided under the Act, in order to reinstate the appeal, if his application with respect to Vivad Se Vishwas Scheme is rejected. 5. This appeal is dismissed as withdrawn in above terms. Order pronounced in the Open Court on 23 rd November, 2021. Sd/- Sd Sd/- Sd/- (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER (S.S. GODARA) JUDICIAL MEMBER Hyderabad, dated 23 rd November, 2021. TYNM/sps ITA No.303/Hyd/2020 3 Copy to: S.No Addresses 1 Ravula Dasaratha Ramaiah Gowd, Plot No.10, Prasanthi Nagar, Dargamitta, Nellore, A.P. 2 The Income Tax Officer, Ward – 2, Nellore. 3 The CIT (Appeal), Tirupati. 4 The Pr.CIT, Tirupati. 5 DR, ITAT Hyderabad Benches 6 Guard File. By Order