Nidumusili Venugopal Reddy, Nellore., Hyderabad V. DCIT, Circle-1, Nellore, Nellore

ITA 361/HYD/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0522 (ITAT-HYDERABAD)
• Duration Of Justice: 5 year(s) 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 14-07-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 22-03-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PAVITRAN KUMAR
• Assessee Lawyers: P VINOD
• Section: 143(3)

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD (THROUGH VIRTUAL HEARING) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 361/HYD/2016 A.Y. 2009 - 10 NIDUMUSILI VENUGOPAL REDDY, 24 - 2 - 435, SARASWATHINAGAR, DARGAMITTA, NELLORE. PAN: VS. THE DCIT, CIRCLE - 1, NELLORE. (APPELLANT) (RESPONDENT) ASSESSEE BY SRI P. VINOD REVENUE BY SRI PAVITRAN KUMAR, DR DATE OF HEARING: 14 /0 7 /2021 DATE OF PRONOUNCEMENT: 1 6 /07/2021 ORDER PER A. MOHAN ALANKAMONY , A.M: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A), TIRUPATI IN APPEAL NO. 313/2014 - 15/CIT(A)/TPT, 05/02/2016 PASSED U/S. 143(3) R.W.S 254 AND U/S. 250(6) OF THE ACT FOR THE A.Y. 2009 - 10. 2. AT THE OUTSET, LD.AR SUBMITTED BEFORE US THAT THE ASSESSEE DESIRE S TO WITHDRAW HIS APPEAL AS HE HAS OPTED TO AVAIL VIVAD SE VISWAS 2 SCHEME. HE FURTHER SUBMITTED THAT THE ASSESSEE HA D FILED FORM NO.1 & 2 AND FORM - 3 HAS BEEN AL SO ISSUED BY TH E REVENUE. IT WAS THEREFORE PLEADED, THAT THE APPEAL OF THE ASSESSEE MAY BE ALLOWED TO BE WITHDRAWN. 3 . THE LD. DR CONCEDED TO THE REQUEST OF THE LD.AR. 4 . HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, W E ARE INCLINED TO ALLO W THE APPEAL OF THE ASSESSEE TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD. A R AS THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND FORM - 3 IS ALSO ISSUED BY THE REVENUE . THE LD. DR HAS ALSO CONCEDED TO THE REQUEST OF THE LD. AR. A CCORDINGLY, WE HEREBY DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN.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 - VIS H WAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN THE ASSESSEE SHALL BE AT LIBERTY TO FILE MISCELLANEOUS PETITIO N BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE APPEAL. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. 3 PRONOUNCED IN THE OPEN COURT ON 16 TH JULY, 2021. SD/ - SD/ - (P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 16 TH JULY , 2021. OKK COPY TO: - 1) NIDUMUSILI VENUGOPAL REDDY C/O. K. VASANTKUMAR, AV RAGHURAM, P. VINOD, ADVOCATES, 610, BABUKHAN ESTATE, BASHEERBAGH, HYDERABAD 500 001. 2) THE DCIT, CIRCLE - 1, NELLORE. 3) THE CIT(A), TIRUPTI - 517 501. 4) THE PR. CIT, TIRUPATI. 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE