Assistant Commissioner OF Income Tax Central Circle3-(4), Hyderabad V. Royal Engineering, Hyderabad

ITA 43/Hyd/2021

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0536 (ITAT-HYDERABAD)
• Duration Of Justice: 6 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2015-2016
• Appeal Filed On: 13-01-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V. GODESI
• Assessee Lawyers: A.V. RAGHRAM
• Section: 263; 43; 20

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 M.A. NO. 43/HYD/2021 (ARISING OUT OF ITA NO. 339/H/2019 ASSESSMENT YEAR: 2014 - 15 ) VIJAYA DURGA ESTATES PVT. LTD., HYDERABAD. PAN AABCV 1662 P VS. INCOME - TAX OFFICER, WARD 17(4), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI A.V. RAGHRAM REVENUE BY: S HRI V. GODESI DATE OF HEARING: 16 /0 7 /2021 DATE OF PRONOUNCEMENT: 19 /0 7 /2021 O R D E R PER L.P. SAHU, A.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE ARISE S OUT OF THE ORDER OF ITAT A BENCH, HYDERABAD BENCHES, HYDERABAD, IN ITA NO. 339 / HYD/201 9 DATED 2 5 / 03 /20 21 , DISMISSING THE APPEAL UNDER VSVS SCHEME. 2. IN THE M.A. THE ASSESSEE STATED AS UNDER: 1. THE HON'BLE TRIBUNAL VIDE ORDER DATED 25.03.2021 WAS PLEASED TO DISMISS THE APPEAL OF THE APPELLANT AS WITHDRAWN 2 M.A. NO . 43 /HYD/20 21 M/S VIJAYA DURGA ESTATES PVT. LTD. HYD. UNDER VIVAD SE VISHWAS SCHEME. WHILE DOING SO THE HON'BLE TRIBUNAL IN PARAGRAPHS 3 AND 4 HAS OBSERVED AS UNDER: '3. AT THE OUTSET, LD. AR S UBMITTED BEFORE US THAT THE ASSESSEE DESIRES TO AVAIL 'VIVAD SE VIISWAS' SCHEME. HE FURTHER SUBMITTED THAT THE ASSESSEE COULD NOT FILE FORM NO.1 & 2 DUE TO PAUCITY OF TIME, HOWEVER HE ASSURED THE BENCH THAT THE FORM NO.1 & 2 SHALL BE FILED' SHORTLY' '4. THE LD. DR SUBMITTED THAT IF THE ASSESSEE DESIRES TO AVAIL THE VIVAD SE VISHWAS SCHEME, 2020 THE REVENUE HAS NO OBJECTION'. 2. THE HON'BLE TRIBUNAL WHILE OBSERVING AS ABOVE RELIED ON THE ORDER PASSED BY THE HON'BLE HIGH COURT OF MADRAS IN THE CASE OF DCIT VS. MIS. KEYARAM HOTELS P LTD., IN T.C.A. NO.694 OF 2019, DT.13.10.2020. 3. IT IS SUBMITTED THAT THE ABOVE OBSERVATIONS ARE INCORRECT AS NO SUCH REQUEST FOR WITHDRAWAL WAS MADE IN THE ABOVE APPEAL. FURTHER, THE APPEAL IS FLIED AGAINST THE ORDER PASSED BY THE PR. CIT - 5, HYDERABAD U/S.263 OF THE INCOME TAX ACT, 1961 (HEREINAFTER 'THE ACT) BUT THE HON'BLE TRIBUNAL IN PARAGRAPH NO. 1 BY INADVERTENCE NOTED THAT THE . APPEAL IS FILED AGAINST THE ORDER PASSED BY THE CIT(A) - 5, HYDERABAD ORDER DT.16.11.20 18 INVO LVING PROCEEDINGS U/ S.144 OF THE ACT. 4. IT IS SUBMITTED THAT, EXCEPT FOR THE OBSERVATION OF THE HON'BLE TRIBUNAL AT PARAGRAPH NO.2, WITH RESPECT TO THE DELAY IN FILING THE APPEAL BEFORE THE HON'BLE TRIBUNAL, THE REST OF THE DISCUSSION BY THE HON'BLE TRI BUNAL IN THE ORDER DT.25.03.2021 DOES NOT PERTAIN TO THE APPELLANT. 5. IT IS SUBMITTED THAT IN THE COURSE OF HEARING THE HON'BLE TRIBUNAL INDICATED THAT THE ISSUE DEALT BY THE PR.CIT - 5, HYDERABAD IN HIS ORDER IX] S.263 OF THE ACT IS REVENUE NEUTRAL AND T HEREFORE THERE IS NO PREJUDICE TO THE INTEREST OF REVENUE WHICH IS THE ESSENTIAL REQUIREMENT FOR EXERCISING THE POWER UNDER SECTION 263 OF THE ACT, AND CONSEQUENTLY ORDER IMPUGNED HAS TO BE QUASHED. BUT IN THE ORDER HON'BLE TRIBUNAL OBSERVED THAT THE APPEL LANT DESIRES TO AVAIL 'VIVAD SE VISHWAS SCHEME' AND HAS ACCORDINGLY DISMISSED THE APPEAL OF THE APPELLANT AS WITHDRAWN. IT IS SUBMITTED THAT 3 M.A. NO . 43 /HYD/20 21 M/S VIJAYA DURGA ESTATES PVT. LTD. HYD. THE FINDINGS OF THE HON'BLE TRIBUNAL ARE NOT BASED ON ANY MATERIAL PLACED BEFORE IT, NOR THE SAME FLOW FROM THE FAC TS OF THE CASE. IN VIEW OF THE ABOVE, THE HON'BLE TRIBUNAL MAY KINDLY RECTIFY THE ABOVE ERRORS AND ALLOW THE APPEAL OF THE APPELLANT AS INDICATED DURING THE COURSE OF HEARING OF APPEAL, AND PASS SUCH OTHER ORDER AS THE HON'BLE TRIBUNAL DEEMS FIT AND PROPE R IN THE INTEREST OF JUSTICE. 3. REFERRING TO THE ABOVE FACT UAL BACKGROUND , LD. AR REQUESTED FOR RECALLING THE ORDER TO PASS AN APPROPRIATE ORDER IN VIEW OF THE SUBMISSIONS MADE IN THE MA CITED SUPRA. 4 . WE HAVE CONSIDERED THE SUBMISSIONS OF THE PARTIES AND PERUSED THE MATERIAL ON RECORD. W E ARE INCLINED TO RECALL OUR ORDER DATED 2 5 / 03 /20 21 PASSED IN ITA NO. 339 /HYD/201 9 AND POST THE APPEAL FOR HEARING ON 05 / 10 /20 21 . AS THE AFORESAID DATE OF HEARING OF APPEAL WAS ANNOUNCED IN THE OPEN COURT IN PRESENCE OF BOTH THE COUNSELS, NO SEPARATE NOTICE OF HEARING IS REQUIRED TO BE ISSUED TO THE PARTIES. 5 . IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS A LLOWED. PRONOUNCED IN THE OPEN COURT ON 19 TH JULY , 20 21. SD/ - SD/ - ( S.S. GODARA ) ( L.P. SAHU ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 19 TH JULY, 2021 KV 4 M.A. NO . 43 /HYD/20 21 M/S VIJAYA DURGA ESTATES PVT. LTD. HYD. COPY TO: - 1 M/S VIJAYA DURGA ESTATES PVT. LTD., 4 - 1 - 6/1, BLOCK A, EDEN BAGH ROAD, RAMKOTI, HYDERABAD - 01 2 ITO, WARD 17(4), SIGNATURE TOWERS, OPP. BOTANICAL GARDEN, KONDAPUR, HYDERABAD - 84 3 CIT(A) 5, HYDERABAD 4 ADD. CIT, RANGE 17, HYDERABAD. 5 ITAT, DR, HYDERABAD 6 GUARD FILE. DESCRIPTION DATE INTLS 1. DRAFT DICTATED ON SR.P.S. 2. DRAFT PLACED BEFORE AUTHOR SR.P.S 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 5 APPROVED DRAFT COMES TO THE SR.P.S./PS SR.P.S. 6. KEPT FOR PRONOUNCEMENT ON SR.P S. 7. FILE SENT TO THE BENCH CLERK SR.P.S. 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER