Business Consulting & IT Solutions Private Limited , Hyderabad V. Income Tax Officer, Ward-1(3), Hyderabad

ITA 393/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0822 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 11 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2013-2014
• Appeal Filed On: 25-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 13

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NO. 393/HYD/2019 AY: 20 13 - 14 BUSINESS CONSULTING & IT SOLUTIONS PRIVATE LIMITED, HYDERABAD. PAN: AADCB 6332 L VS. INCOME TAX OFFICER, WARD - 1(3), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI MOHD. AFZAL REVENUE BY: SHRI SUNIL KUMAR PANDEY, DR DATE OF HEARING: 1 8 /02/2021 DATE OF PRONOUNCEMENT: 25 /02/2021 ORDER PER A. MOHAN ALANKAMONY, AM.: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT (A) - 8 HYDERABAD IN APPEAL NO. 0102/2017 - 18 , DATED 28/01/ 2019 PASSED U/S. 143(3) R.W.S 250(6) OF THE ACT FOR THE AY: 2011 - 12. 2. AT THE OUTSET, LD.AR SUBMITTED BEFORE US THAT THE ASSESSEE DESIRES TO WITHDRAW ITS APPEAL AS THE ASSESSEE HAS OPTED TO AVAIL VIVAD SE VISWAS SCHEME. HE FURTHER SUBMITTED THAT THE ASSESSEE HA D FILED FORM NO.1 & 2 AND IS AWAITING TO RECEIVE FORM - 3 FROM THE REVENUE. IT WAS THEREFORE PLEADED, THAT THE APPEAL OF THE ASSESSEE MAY BE ALLOWED TO BE WITHDRAWN. 2 3 .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 HAVING HEARD BOTH THE PARTIES THROUGH VIDEO CONFERENCE, W E ARE INCLINED TO ALLO W THE APPEAL OF THE ASSESSEE TO BE WITHDRAWN YIELDING TO THE PRAYER OF THE LD.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 AWAITING TO RECEIVE FR OM NO.3 FROM 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 A CCORDINGLY, WE HEREBY DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN.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 - VISWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN THE ASSESSEE SHALL BE AT LIBERTY TO FILE A MISCELLANEOUS PETITION BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE THE APPEAL. IT IS ORDERED ACCORDINGLY. 5. IN TH E RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE 25 TH FEBRUARY, 2021. SD/ - SD/ - (P. MADHAVI DEVI) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 25 TH FEBRUARY, 2021. OKK 3 COPY TO: - 1. BUSINESS CONSULTING & IT SOLUTIONS PRIVATE LIMITED, 11,SHANTI KUNJ, MAIN MALL ROAD (CHURCH ROAD), VASANT KUNJ, NEW DELHI 110070. 2. INCOME TAX OFFICER, WARD - 1( 3 ), IT TOWERS, MASAB TANK , HYDERABAD 500 0 3 4. 3. THE COMMISSIONER OF INCOME TAX (APPEALS) - 8 , HYDERABAD. 4. THE PRINCIPAL COMMISSIONER OF INCOME TAX - 1 , HYDERABAD. 5. THE DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. 6. GUARD FILE.