Moparthy Sesha Rao , Hyderabad V. Income Tax Officer, Ward-14(4), Hyderabad

ITA 417/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0863 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 10 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2013-2014
• Appeal Filed On: 26-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 201; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER IT A NO S . 417 & 418 /H/201 9 ASSESSMENT YEAR S : 20 13 - 14 MOPARTHY SESHA RAO, HYDERABAD. PAN ADMP 6290M VS. INCOME - TAX OFFICER, WARD 14(4), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI K.C. DEVDAS REVENUE BY : SHRI ROHIT MUJUMDAR DATE OF HEARING: 15 /0 2 /2021 DATE OF PRONOUNCEMENT: 24 / 0 2 /2021 O R D E R PER BENCH: TH E S E TWO ARE ASSESSEES APPEAL S FOR AY 2013 - 14 . APPEAL IN ITA NO. 417/H/2019 IS DIRECTED AGAINST THE C I T(A) - 6 , HYDERABAD S ORDER , DATED 2 9 /0 1 / 201 9 AND APPEAL IN ITA NO. 418/H/2019 IS DIRECTED AGAINST THE PR. CIT 6, HYDERABADS ORDER DATED 06/03/2018 INVOLVING I TA NO S . 417 & 418 /HYD/1 9 M. SESHA RAO, HYD. : - 2 - : PROCEEDINGS U/S 143(3) AND 143(3) RWS 263 OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. 2. ON PERUSAL OF RECORD, WE FIND THAT LD. COUNSEL FOR THE ASSESSEE FILED A LETTER DATED 11/01/2021 WHEREIN REQUES TED THE BENCH FOR PERMISSION TO WITHDRAW ASSESSEES APPEALS AS THE ASSESSEE HAS OPTED TO AVAIL DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 AND HAD FILED FORM NO. 1 & 2 AND FORM 3 ISSUED BY THE DEPARTMENT , WHICH IS AVAILABLE ON RECORD. 3. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL S OF THE ASSESSEE AS WITHDRAWN SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND FORM - 3 ISSUED BY THE DEPARTMENT . ACCORDINGLY, WE HEREBY DISMISS THE APPEAL S OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSESSEE'S CASE S ARE NOT ACCEPTED IN THE VIVAD - SE - VISWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN ASSESSEE SHALL BE AT LIBERTY TO FILE MISCELLANEOUS PETITION S BEFORE THE TRIBUNAL I TA NO S . 417 & 418 /HYD/1 9 M. SESHA RAO, HYD. : - 3 - : WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTAT E HIS APPEAL S . 4 . IN THE RESULT, ASSESSEES APPEAL S ARE DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 24 TH FEBRUARY , 2021 . SD/ - SD/ - ( S.S. GODARA ) (LAXMI PRASAD SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 24 TH FEBRUARY , 20 2 1 . K V C OPY TO : 1 SHRI MOPARTHY SESHA RAO, C/O M/S SEKHAR & CO., 133/4, RP ROAD, SECUNDERABAD 500 003. 2 I T O , WARD 14(4), HYDERABAD . 3 C I T(A) - 6 , HYDERABAD 4 PR. CIT - 6 , HYDERABAD 5 ITAT, DR, HYDERABAD. 6 GUARD FILE.