Bikash Kumar Kedia , Hyderabad V. Asst. Commissioner of Income Tax, Central Circle-3(1), Hyderabad

ITA 405/Hyd/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9814 (ITAT-HYDERABAD)
• Duration Of Justice: 11 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2015-2016
• Appeal Filed On: 22-07-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ROHIT MAJUMDAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD. BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER (THROUGH VIRTUAL HEARING) ITA NOS.40 4 & 405/HYD/2020 (ASSESSMENT YEARS : 2014 - 15 & 2015 - 16) SHRI BIKASH KUMAR KEDIA, HYDERABAD. PAN AFAPK 8794E .APPELLANT. VS. ASST. COMMISSIONER OF INCOME TAX, CIRCLE 3(1), HYDERABAD. ..RESPONDENT . PAN ABCPL 89 04D APPELLANT BY : SHRI M.V. JOSHI ( A .R) RESPONDENT BY : SHRI ROHIT MAJUMDAR (D.R) . DATE OF HEARING : 22.6.2021 . DATE OF PRONOUNCEMENT : 01.07 .2021. O R D E R PER S MT. P. MADHAVI DEVI , J.M. : T HESE APPEALS ARE FILED BY THE ASSESSE E ARISING OUT OF COMMON ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 11 , HYDERABAD FOR THE ASSESSMENT YEARS MENTIONED HEREIN ABOVE RESPECTIVELY. 2 ITA NO. 40 4 & 40 5 /HYD/2020 2. AT THE OUTSET, THE LD. AUTHORIZED REPRESENTATIVE OF THE ASSESSEE SUBMITTED VIDE LETTER DT.23.06.2021 THAT THE ASSESSE E DO NOT WANT TO PURSUE THE APPEALS AS THEY HAVE ALREADY FILED FORMS I & II UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME, 2020 AND RECEIVED FORM 3 FROM THE DEPARTMENT. THEREFORE, CONSEQUENT TO THE SAME, THE ASSESSE E DESIRES TO WITHDRAW THE APPEALS BEFORE THE TRIBUNAL. HENCE IT WAS PLEADED, THAT THE APPEALS OF THE ASSESSE E S MAY BE TREATED AS WITHDRAWN. 3. THE LD. DR CONCEDED TO THE REQUEST OF THE LD. AR. 4 . AFTER HEARING BOTH THE PARTIES, ACCORDING TO THE REQUEST OF THE ASSESSE E AND THEIR LD. AR, WE HEREBY ALLOW THE APPEALS OF THE ASSESSE E TO BE WITHDRAWN. WE ALSO MAKE IT CLEAR THAT THE ASSESSEE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL WITHI N THE STIPULATED TIME AS PROVIDED UNDER THE ACT, IN ORDER TO REINSTATE THE APPEALS, IF THE IR APPLICATION S WITH RESPECT TO VIVAD SE VISHWAS SCHEME ARE REJECTED. 7. IN THE RESULT, APPEALS OF ASSESSE E ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST JULY, 2021. SD/ - SD/ - (A. MOHAN ALANKAMONY) (P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DT. 01.07. 2021. * REDDY GP 3 ITA NO. 40 4 & 40 5 /HYD/2020 COPY TO : 1. SHRI BIKASH KUMAR KEDIA, VILLA NO.135, S.A. PALM MEADOWS, KOMPALLY, GUNDLAPOCHAMPALLY, HYDERABAD. 2. ACIT, CENTRAL CIRCLE 3(1), HYDERAB AD. 3. PR. C I T (CENTRAL), HYDERABAD. 4. CIT(APPEALS) - 11, HYDERABAD. 5. DR, ITAT, HYDERABAD. 6. GUARD FILE. BY ORDER SR. PVT. SECRETARY, ITAT, HYDERABAD.