Gopisetty Satyanarayana , Nellore V. Dy. Commissioner of Income Tax , Circle-1, Nellore

ITA 442/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0867 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 10 month(s) 26 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: 2011-2012
• Appeal Filed On: 29-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 201; 10; 11

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 . 441 & 442 /H/201 9 ASSESSMENT YEAR S : 20 10 - 11 & 2011 - 12 GOPISETTY SATYANARAYANA, NELLORE. PAN AIIPG4150B VS. DY. COMMISSIONER OF INCOME - TAX, CIRCLE 1, NELLORE (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SASHANK DUNDU FOR SHRI K.A. SAI PRASAD REVENUE BY : SHRI ROHIT MUJUMDAR DATE OF HEARING: 1 7 /0 2 /2021 DATE OF PRONOUNCEMENT: 24 / 0 2 /2021 O R D E R PER BENCH: TH E S E TWO ASSESSEES APPEAL S FOR AY 20 10 - 11 & 2011 - 12 ARE DIRECTED AGAINST THE C I T(A) , TIRUPATI S SEPARATE ORDER S, DATED 28/02/ 201 9 INVOLVING PROCEEDINGS U/S 143(3) AND 143(3) RWS 147 OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. I TA NO S . 441 & 442 /HYD/1 9 G. SATYANARAYANA, NELLORE : - 2 - : 2. ON PERUSAL OF RECORD, WE FIND THAT THE LD. COUNSEL FOR THE ASSESSEE FILED A LETTER DATED 16/02/2021 REQUESTING PERMISSION FOR WITHDRAWAL OF ASSESSEES APPEALS AS THE ASSESSEE HAS OPTED TO AVAIL DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 AND HAD FILED FORM NO. 1 & 2 AND IS AWAITING TO RECEIVE FORM 3 FROM THE REVENUE. 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 HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL S OF THE ASSESSEE AS WITHDRAWN SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND IS AWAITING TO RECEIVE FORM - 3 FROM THE REVENUE. ACCORDINGLY, WE HEREBY DISMISS THE APPEAL S OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE ALSO MAKE I T 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 WITHIN THE TIME LIMIT PRESCRIBED UND ER THE ACT TO REINSTAT E HIS APPEAL S . I TA NO S . 441 & 442 /HYD/1 9 G. SATYANARAYANA, NELLORE : - 3 - : 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 G. SATYANARAYANA, C/O K. PARTHASARATHY & CO., ADVOCATE & TAX CONSULTANT, 1 ST FLOOR, SOWBHAGYA AVENUE, STREET 1, ASHOK NAGAR, HYDERABAD 500 020 2 DC I T , CIRCLE 1, GRAND TRUNK ROAD, SARASWATHI NAGAR, DARGAMITTA, AMBEDKAR NAGAR, NELLORE - 524003 . 3 C I T(A) , TIRUPATI 4 PR. CIT , TIRUPATI 5 ITAT, DR, HYDERABAD. 6 GUARD FILE.