Siddi Saireddy Padamati, Hyderabad V. Income Tax Officer, Ward-9(3), Hyderabad

ITA 327/Hyd/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8648 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2013-2014
• Appeal Filed On: 16-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S RAMA RAO

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO. 327/HYD/2018 ASSESSMENT YEAR: 2013-14 SRI SIDDI SAIREDDY PADAMATI, HYDERABAD [PAN: BUNPP6958A] VS INCOME TAX OFFICER, WARD-9(3), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI S.RAMA RAO, AR FOR REVENUE : SHRI SUNIL KUMAR PANDEY, DR DATE OF HEARING : 25-02-2021 DATE OF PRONOUNCEMENT : 24-03-2021 O R D E R PER BENCH : THIS ASSESSEES APPEAL FOR AY.2013-14 IS DIRECTED A GAINST THE CIT(A)7, HYDERABADS ORDER DATED 01-12-2017 PAS SED IN APPEAL NO.067 / CIT(A)-7 / 2016-17 INVOLVING PROCEE DINGS U/S.144 OF THE INCOME TAX ACT, 1961 [IN SHORT, THE ACT ]. 2. LEARNED COUNSEL REPRESENTING THE ASSESSEE SUBMITTED DURING THE COURSE OF HEARING THAT THE ASSESSEE DOES N OT WISH TO PRESS FOR THE INSTANT APPEAL AS THE TAXPAYER HEREIN WANT S TO AVAIL SETTLEMENT BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME-2020. FORM NOS.1 & 2 ARE TO BE FILED AT HIS B EHEST. ITA NO. 327/HYD/2018 :- 2 -: 3. THE ASSESSEES SOLE PLEA IN THIS CASE THEREFORE I S THAT SINCE THE DEPARTMENT IS YET TO FINALISE THE SETTLEMENT PLE AS, THIS APPEAL MAY NOT BE DISMISSED AS WITHDRAWN AS ON D ATE. WE FIND NO MERIT IN ASSESSEES ABOVE STATED CONTENTION PER SE. THE FACT REMAINS THAT THE ASSESSEE IS FILING FOR SETTLEMENT B ENEFIT AND THEREFORE, NO PURPOSE WOULD BE SERVED IF THIS APP EAL IS KEPT PENDING TILL THE TIME THE ABOVE STATED SETTLEMENT SCHEM E IS IN OPERATION. WE DISMISS THIS APPEAL AS WITHDRAWN AND FURTHER MAKE IT CLEAR THAT IT SHALL BE OPEN FOR THE ASSES SEE TO FILE FOR REVIVAL OF HIS CORRESPONDING CASE IF THE AB OVE SETTLEMENT BENEFIT IS DENIED TO HIM FOR TECHNICAL REASONS. ORDERE D ACCORDINGLY. 4. THIS ASSESSEES APPEAL IS DISMISSED AS WITHDRAWN IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH MARCH, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.GO DARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 24-03-2021 TNMM ITA NO. 327/HYD/2018 :- 3 -: COPY TO : 1.SRI SIDDI SAIREDDY PADAMATI, 2-3-608/1, ROAD NO.2 , SAINAGAR COLONY, NAGOLE, HYDERABAD. 2.THE INCOME TAX OFFICER, WARD-9(3), HYDERABAD. 3.CIT(APPEALS)-7, HYDERABAD. 4.PR.CIT-7, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.