Siri Developers, Hyderabad V. Dy. Commissioner of Income Tax , Circle-3(1), Hyderabad

ITA 346/Hyd/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8052 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2008-2009
• Appeal Filed On: 20-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Competent authority
• Section: 143(3); 263

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. 346 /H/201 8 A SSESSMENT Y EAR : 200 8 - 0 9 S I RI DEVELOPERS, HYDERABAD. PAN A BFFS 1609B VS. DY, COMMISSIONER OF INCOME - TAX, CIRCLE 3 ( 1 ), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: S MT. S. SANDHYA REVENUE BY: SHRI SUNIL KUMAR PANDEY DATE OF HEARING: 24 /0 2 /2021 DATE OF PRONOUNCEMENT: 26 / 0 3 /2021 O R D E R PER BENCH: T H IS APPEAL FILED BY THE ASSESSEE FOR AY 200 8 - 0 9 IS DIRECTED AGAINST CIT(A) - 3 , HYDERABADS ORDER DATED 17 / 11 /201 7 INVOLVING PROCEEDINGS U/S 143(3) RWS 263 OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. 2. AT THE OUTSET, LD. AR REFERRING TO THE LETTER DATED 23/02/2021 FILED BEFORE THE TRIBUNAL SUBMITTED THAT THE ASSESSEE DESIRE S TO AVAIL VIVAD SE VISWAS SCHEME BY FI LING ITA NO. 346 /HYD/ 20 1 8 SIRI DEVELOPERS, HYD. : - 2 - : FORM NO. 1 & 2 BEFORE DEPARTMENT AND, THEREFORE, REQUESTED THE BENCH FOR PERMISSION TO WITHDRAW ASSESSEES APPEAL. 3. THE LD. DR SUBMITTED THAT IF THE ASSESSEE DESIRE S TO AVAIL THE VIVAD SE VISHWAS SCHEME , 2020 THE REVENUE HAS NO OBJECTION. 4. HAVING HEARD BOTH THE PARTIES, THROUGH VIDEO CONFERENCE, WE ARE INCLINED TO TREAT THE INSTANT APPEAL OF THE ASSESSEE AS WITHDRAWN RELYING ON THE DECISION OF THE HONBLE HIGH COURT OF MADRAS IN THE CASE OF DCIT VS. M/S. KE YARAM HOTELS P. LTD IN T.C.A. NO. 694 OF 2019, DATED 13/10/2020 WHEREIN IT WAS HELD AS UNDER: - 3. THE LEARNED COUNSEL FOR THE RESPONDENT / ASSESSEE, ON INSTRUCTIONS, SUBMITTED THAT THE RESPONDENT / ASSESSEE INTENDS TO AVAIL THE BENEFIT OF VIVAD SE VISHWAS SCHEME (VVS SCHEME FOR BREVITY) AND IN THIS REGARD, THE ASSESSEE IS TAKING STEPS TO FILE THE APPLICATION / DECLARATION IN FORM NO.1. . .. 7. AS OBSERVED, THE ASSESSEE IS GIVEN LIBERTY TO RESTORE THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON THE DECLARATION TO BE FILED BY THE ASSESSEE UNDER SECTION 4 OF THE SAID ACT IS NOT IN FAVOUR OF THE ASSESSEE. IF SUCH A PRAYER IS MADE, THE REGISTRY SHALL ENTERTAIN THE PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF D ELAY IN RESTORATION OF THE APPEAL AND ON SUCH REQUEST MADE BY THE ASSESSEE BY FILING A MISCELLANEOUS PETITION FOR RESTORATION, THE REGISTRY SHALL PLACE SUCH PETITION BEFORE THE DIVISION BENCH FOR ORDERS. ITA NO. 346 /HYD/ 20 1 8 SIRI DEVELOPERS, HYD. : - 3 - : 8. IN THE LIGHT OF THE ABOVE, WE DIRECT THE RESPONDE NT / ASSESSEE TO FILE FORM NO.1 ON OR BEFORE 09/11/2020 AND THE COMPETENT AUTHORITY HTTP://WWW.JUDIS.NIC.IN5/6 T.C.A.NO.694 OF 2019. ACCORDINGLY, WE HEREBY DISMISS THE INSTANT APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSESSEE S CASE IS NOT ACCEPTED IN THE VIVAD - SE - VISHWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE REASON ON A SUBSEQUENT DATE, THEN THE ASSESSEE SHALL BE AT LIBERTY TO FILE MISCELLANEOUS PETITION BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE ITS APPEAL. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 26 TH MARCH , 2021 . SD/ - SD/ - (S . S . GODARA) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 26 TH MARCH , 20 2 1 . KV ITA NO. 346 /HYD/ 20 1 8 SIRI DEVELOPERS, HYD. : - 4 - : C OPY TO : 1 S IRI DEVELOPERS, LAKSHMI KRISHNA APARTMENTS, PHASE I, KALYAN NAGAR, HYDERABAD . 2 DC I T , CIRCLE 3 ( 1 ), SIGNATURE TOWERS, KONDAPUR, HYDERABAD . 3 CIT(A) 3 , HYDERABAD 4 PR. CIT 3 , HYDERABAD. 5 ITAT, DR, HYDERABAD 6 GUARD FILE.