Kanji Ram Moorjani, Hyderabad V. Income Tax Officer, Ward-13(3), Hyderabad

ITA 342/Hyd/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4074 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 8 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Next Hearing Date: 02-11-2020
• Assessment Year: 2008-2009
• Appeal Filed On: 19-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KANIKA AGGARWAL
• Assessee Lawyers: M V ANIL KUMAR
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD SMC BENCH : HYDERABAD (THROUGH VIDEO CONFERENC E ) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER ITA NO. 342 /HYD./201 8 ASSESSMENT YEAR: 20 08 - 09 SRI KANJI RAM MOORJANI VS. ITO, WARD 13(3) HYDERABAD HYDERABAD PAN: A DWPM7887N (APPELLANT) (RESPONDENT) FOR ASSESSEE : SH. M.V.ANIL KUMAR , A R FOR REVENUE : MS. KANIKA AGGARWAL, D.R. DATE OF HEARING : 0 2 / 1 1 /2020 DATE OF PRONOUNCEMENT : 02 / 1 1 /2020 O R D E R THIS IS ASSESSEES APPEAL FILED AGAINST THE ORDER OF CIT(A) - 4 , HYDERABAD DATED 19.07. 2017 RELATING TO A.Y. 20 08 - 09 PASSED U/S 143(3) R.W.S. 1 47 OF THE INCOME TAX ACT, 1961. THIS APPEAL FILED BY THE ASSESSEE WAS TAKEN UP FOR HEARING THROUGH VIDEO CONFERENCE ON 02.11.2020 AND BOTH THE PARTIES WERE HEARD. 2. THE LD.AR FOR THE ASSESSEE HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL FILED BY THE ASSESSEE STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE A.Y. UNDER CONSIDERATION UNDER VIVAD SE VISHWAS SCHEME, 2020 . HE FURTHER SUBMITTED THAT A N APPLICATION TO THIS EFFECT HAS BEEN FILED BY THE ASSESSEE AND THAT THE ASSESSEE HAS ALSO RECEIVED FORM - 3. 3. THE LD.DR HAS NO OBJECTION TO THE SAME. ITA NO.342/HYD./2018 SRI KANJI RAM MOORJANI AY 2008 - 09 2 4. IN VIEW OF THE ABOVE, WE ACCEPT THE REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF THE APPEAL AS PR.CIT - 4 HAS ISSUED FORM - 3. 5. HOWEVER, THE AFORESAID IS SUBJECT TO A C AVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED A.Y. IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORE - STATED ACT, THE APPELLANT (I.E. THE ASSESSEE) IS AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TRIB UNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATE AS PER LAW. THE LD.DR FOR THE REVENUE HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON 02 / 1 1 /2020. SD/ - (P. MADHAVI DEVI) JUDICIAL MEMBER DATED: 02 ND NOVEMBER , 2020 GMV COPY OF ORDER FORWARDED TO: 1. SRI KANI RAM MOORJA N I, C/O M. ANANDAM & CO., CHARTERED ACCOUNTANTS, 7 A, SURYA TOWERS, S.P.ROAD, SECUNDERABAD 500 003. 2. ITO, WARD 13(3), HYDERABAD / ACIT, RANGE - 13, HYDERABAD. 3. CIT(A) - 4, HYDERABAD . 4 . PR. CIT - 4 , HYDERABAD 5 D.R. ITAT HYDERABAD 6 . GUARD FILE